Forbury Park TC 13 May 2016 – R 1 (instigating a protest) – Chair, Prof G Hall
ID: JCA16522
Meet Title:
Forbury Park TC - 13 May 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/05/13
Race Number:
R 1
Decision:
We exercise our discretion and disqualify ITS ELVIS pursuant to r 1003(2).
Amended placings are:
1st 9 PEGAROSE
2nd 3 DON'T LOOK BACK
3rd 13 PYRAMID MUSTANG
4th 2 PURE EMOTION
5th 6 JACKOFDIAMONDS
Stakes and dividends are to be paid accordingly.
Facts:
Mr Wallis, Stipendiary Steward, alleged that ITS ELVIS, which finished in 4th placing in race 1, THE PARK FUNCTION & EVENT CENTRE TROT, galloped for a distance greater than 50 metres within the final 200 metres.
Judge’s placings were:
1st 9 PEGAROSE
2nd 3 DON'T LOOK BACK
3rd 13 PYRAMID MUSTANG
4th 8 ITS ELVIS
5th 2 PURE EMOTION
Mr Wallis sought disqualification of ITS ELVIS pursuant to r 1003(2).
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 metres or greater, shall be deemed to be in breach of Rule 870(3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003(2).
Submissions for Decision:
Mr Wallis demonstrated on the videos that ITS ELVIS, when leading, broke and galloped for a distance in excess of 120 metres in the home straight. The horse galloped across the line in 4th placing.
Mr Dunn, the driver of ITS ELVIS stated he represented the connections and agreed that ITS ELVIS had galloped for this distance and did not contest the protest.
Reasons for Decision:
After viewing the videos and hearing from the parties we are satisfied that ITS ELVIS galloped in excess of 120 metres in the final 200 metres. The horse was free of interference at the time. This is in breach of r 870(3) and the Breaking Horse Regulations in that the horse has failed to promptly regain its proper gait.
As ITS ELVIS has gained an advantage over the field, it is appropriate that the horse be disqualified.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: beda941406efe420f15905d45c79b62c
informantnumber: A8087
horsename: ITS ELVIS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/05/2016
hearing_title: Forbury Park TC 13 May 2016 - R 1 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Mr Wallis, Stipendiary Steward, alleged that ITS ELVIS, which finished in 4th placing in race 1, THE PARK FUNCTION & EVENT CENTRE TROT, galloped for a distance greater than 50 metres within the final 200 metres.
Judge’s placings were:
1st 9 PEGAROSE
2nd 3 DON'T LOOK BACK
3rd 13 PYRAMID MUSTANG
4th 8 ITS ELVIS
5th 2 PURE EMOTION
Mr Wallis sought disqualification of ITS ELVIS pursuant to r 1003(2).
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 metres or greater, shall be deemed to be in breach of Rule 870(3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003(2).
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis demonstrated on the videos that ITS ELVIS, when leading, broke and galloped for a distance in excess of 120 metres in the home straight. The horse galloped across the line in 4th placing.
Mr Dunn, the driver of ITS ELVIS stated he represented the connections and agreed that ITS ELVIS had galloped for this distance and did not contest the protest.
reasonsfordecision:
After viewing the videos and hearing from the parties we are satisfied that ITS ELVIS galloped in excess of 120 metres in the final 200 metres. The horse was free of interference at the time. This is in breach of r 870(3) and the Breaking Horse Regulations in that the horse has failed to promptly regain its proper gait.
As ITS ELVIS has gained an advantage over the field, it is appropriate that the horse be disqualified.
Decision:
We exercise our discretion and disqualify ITS ELVIS pursuant to r 1003(2).
Amended placings are:
1st 9 PEGAROSE
2nd 3 DON'T LOOK BACK
3rd 13 PYRAMID MUSTANG
4th 2 PURE EMOTION
5th 6 JACKOFDIAMONDS
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003(2) and Breaking Horse Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr D Dunn - Open Horseman
StipendSteward:
raceid: c069107db405ea698b1cb01c140c6b54
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5670c218e03265f532fa0178bac9a828
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/05/2016
meet_title: Forbury Park TC - 13 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Forbury Park TC