Archive Decision

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Auckland TC 4 July 2014 – R 6 (instigating a protest)

ID: JCA17233

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Dr L Chin - Driver of JASINSKY

Information Number:
A2545

Hearing Type:
Protest

Rules:
870(3)

Meet Title:
Auckland TC - 4 July 2014

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2014/07/04

Race Number:
R6

Decision:

The Protest is upheld and JASINSKY is disqualified from the Race.

The amended Placings are now:

1st –  (5) Rare Opportunity
2nd – (1) Idle Bones
3rd – (4) Sunshield
4th – (6) Oto Invasion
5th – (7) Sunchita

It was ordered that Dividends and Stakes be paid in accordance with the amended Placings.

Facts:

Following the running of THE HWI CHARTERED ACCOUNTANTS MOBILE TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th Placing of JASINSKY (Driver Dr L Chin). The Information alleged that JASKINSKY galloped excessively over the initial stages of the Race in breach of the Breaking Horse Regulations.

Dr Chin advised the Committee that he did not contest the Protest.

Part A of the Breaking Horse Regulations) provides:

“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.”

The Regulations further give the Judicial Committee an option to either relegate the offending horse to behind any other horse in respect to which an advantage may have been gained or to disqualify it from the Race under Rule 1003(2).

Mr Muirhead demonstrated the incident by use of the Race films and he showed where JASINSKY went into a break soon after the start and then continued on in a gallop for approximately 190 metres.

Submissions for Decision:

Mr Muirhead submitted that as JASINSKY had galloped in excess of 150 metres then it was in breach of the Breaking Horse Regulations and Rule 870(3) and therefore should be disqualified from the Race.

Reasons for Decision:

The Protest is not contested.

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: edb65130547620ca56fd1b8333ad3089


informantnumber: A2545


horsename: JASINSKY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 25/07/2014


hearing_title: Auckland TC 4 July 2014 – R 6 (instigating a protest)


charge:


facts:

Following the running of THE HWI CHARTERED ACCOUNTANTS MOBILE TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th Placing of JASINSKY (Driver Dr L Chin). The Information alleged that JASKINSKY galloped excessively over the initial stages of the Race in breach of the Breaking Horse Regulations.

Dr Chin advised the Committee that he did not contest the Protest.

Part A of the Breaking Horse Regulations) provides:

“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.”

The Regulations further give the Judicial Committee an option to either relegate the offending horse to behind any other horse in respect to which an advantage may have been gained or to disqualify it from the Race under Rule 1003(2).

Mr Muirhead demonstrated the incident by use of the Race films and he showed where JASINSKY went into a break soon after the start and then continued on in a gallop for approximately 190 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead submitted that as JASINSKY had galloped in excess of 150 metres then it was in breach of the Breaking Horse Regulations and Rule 870(3) and therefore should be disqualified from the Race.


reasonsfordecision:

The Protest is not contested.

Decision:

The Protest is upheld and JASINSKY is disqualified from the Race.

The amended Placings are now:

1st –  (5) Rare Opportunity
2nd – (1) Idle Bones
3rd – (4) Sunshield
4th – (6) Oto Invasion
5th – (7) Sunchita

It was ordered that Dividends and Stakes be paid in accordance with the amended Placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Dr L Chin - Driver of JASINSKY


StipendSteward:


raceid: f66c060c64a17b6cb97dbb760a5656a4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d4ee30b984be298157ed20591c70fc7c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/07/2014


meet_title: Auckland TC - 4 July 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC