Archive Decision

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Auckland TC 14 September 2018 – R 3 (instigating a protest) – Chair, Mr A Godsalve

ID: JCA17147

Applicant:
Mr JM Muirhead - Senior Stipendiary Steward

Respondent(s):
Ms M Wallis - Trainer/Driver of MR GOOD AND EVIL

Information Number:
A10310

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulations

Meet Title:
Auckland TC - 14 September 2018

Meet Chair:
AGodsalve

Meet Committee Member 1:
BScott

Race Date:
2018/09/14

Race Number:
R3

Decision:

The Committee therefore disqualified MR GOOD AND EVIL from its 3rd placing. The official placings became:

1st - SPEEDING SPUR

2nd - REALMEIN

3rd - HEARD THE WHISPER

4th - THE HULK

5th - BRO FAWKES S

Authority was given for the payment of dividends and stakemoney in accordance with the amended placings.

Facts:

Following the running of Race 3, the He's Watching Tender Closes Sept 21 Hcp Trot 2700m, Mr Muirhead instigated a protest by way of an Information against the 3rd placing of the horse MR GOOD AND EVIL. Mr Muirhead alleged that MR GOOD AND EVIL broke in excess of 50 metres inside the final 200 metres.

Ms Wallis, the Trainer/Driver of MR GOOD AND EVIL noted on the Information that:

(a) She admitted the breach, and

(b) She did not wish to be present at the hearing.

Rule 870(3) states ' Any horse which breaks from its gait shall promptly regain its proper gait'

The Breaking Horses Regulations (b) provide that:

'Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 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'.

The Judges placings were:

1st - SPEEDING SPUR

2nd -   REALMEIN

3rd -   MR GOOD AND EVIL

4th -   HEARD THE WHISPER

5th - THE HULK

6th -BRO FAWKES S

Submissions for Decision:

Using the video films Mr Muirhead identified the horse MR GOOD AND EVIL as the field approached the 100m mark. MR GOOD AND EVIL was leading at that time when it went off stride and continued at a gallop until the finishing post when it was in 3rd position. Mr Muirhead submitted that the horse was therefore in breach of the Rule and the Regulations and submitted that it should be disqualified from the race.

The protest was not contested by the connections of MR GOOD AND EVIL.

Reasons for Decision:

The protest was not contested by the connections of MR GOOD AND EVIL. It was clear on the films that the horse had gone off stride and galloped for approximately 100 metres to the finish when it was in 3rd placing, thus being in breach of the Rule and Regulations.

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: d280535002e729d7ce990c39c9d60745


informantnumber: A10310


horsename: MR GOOD AND EVIL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/09/2018


hearing_title: Auckland TC 14 September 2018 - R 3 (instigating a protest) - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 3, the He's Watching Tender Closes Sept 21 Hcp Trot 2700m, Mr Muirhead instigated a protest by way of an Information against the 3rd placing of the horse MR GOOD AND EVIL. Mr Muirhead alleged that MR GOOD AND EVIL broke in excess of 50 metres inside the final 200 metres.

Ms Wallis, the Trainer/Driver of MR GOOD AND EVIL noted on the Information that:

(a) She admitted the breach, and

(b) She did not wish to be present at the hearing.

Rule 870(3) states ' Any horse which breaks from its gait shall promptly regain its proper gait'

The Breaking Horses Regulations (b) provide that:

'Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 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'.

The Judges placings were:

1st - SPEEDING SPUR

2nd -   REALMEIN

3rd -   MR GOOD AND EVIL

4th -   HEARD THE WHISPER

5th - THE HULK

6th -BRO FAWKES S


appealdecision:


isappeal:


submissionsfordecision:

Using the video films Mr Muirhead identified the horse MR GOOD AND EVIL as the field approached the 100m mark. MR GOOD AND EVIL was leading at that time when it went off stride and continued at a gallop until the finishing post when it was in 3rd position. Mr Muirhead submitted that the horse was therefore in breach of the Rule and the Regulations and submitted that it should be disqualified from the race.

The protest was not contested by the connections of MR GOOD AND EVIL.


reasonsfordecision:

The protest was not contested by the connections of MR GOOD AND EVIL. It was clear on the films that the horse had gone off stride and galloped for approximately 100 metres to the finish when it was in 3rd placing, thus being in breach of the Rule and Regulations.


Decision:

The Committee therefore disqualified MR GOOD AND EVIL from its 3rd placing. The official placings became:

1st - SPEEDING SPUR

2nd - REALMEIN

3rd - HEARD THE WHISPER

4th - THE HULK

5th - BRO FAWKES S

Authority was given for the payment of dividends and stakemoney in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horses Regulations


Informant: Mr JM Muirhead - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms M Wallis - Trainer/Driver of MR GOOD AND EVIL


StipendSteward:


raceid: 8bf04a3216aaa874e81b2901cf0842a6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8a4b438ba1e5050b7f4d641a4a1ab717


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/09/2018


meet_title: Auckland TC - 14 September 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: BScott


meet_pm2: none


name: Auckland TC