Archive Decision

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Kaikoura TC – 31 October 2016 – R5 (Instigating a Protest) – Chair, Mr R McKenzie

ID: JCA17306

Applicant:
N M Ydgren, Chief Stipendiary Steward

Respondent(s):
K B Ford, Holder of Licence to Train

Information Number:
A8044

Hearing Type:
Protest

Rules:
870(3)& Breaking Horses Regulation

Meet Title:
Kaikoura TC - 31 October 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2016/10/31

Race Number:
R5

Decision:

The protest was upheld and LITTLE MO was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:
1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  5 Donegal Bettorgretch

It was ordered that stake monies be paid in accordance with that amended result.


 

Facts:

Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against LITTLE MO (S J Tomlinson), placed 6th by the judge, but promoted to 5th following disqualification of the 5th placed horse, DESTINY JONES, after a protest hearing, on the grounds that it “galloped in excess of 150 metres during the running”.

Mr K B Ford, part-owner and trainer of LITTLE MO, had endorsed and signed on the information form “I don’t contest the protest”. Mr Ydgren confirmed that Mr Ford did not wish to be present at the hearing of the protest.

The amended placings following the earlier protest were as follows:
1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  1 Little Mo

Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horses Regulation provides as follows:
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 Ydgren showed a video replay of the start of the 2400 standing start race. He pointed out LITTLE MO, which had been the only horse to start from the front mark, leading the field as it left the straight 200 metres after the start. He then pointed out LITTLE MO go into a pace. It was immediately restrained by its driver and broke for a few strides, and then continued to pace for some distance prior to breaking and galloping for a considerable distance. Mr Ydgren estimated that LITTLE MO was out of its proper gait for approximately 300 metres. Mr Ydgren sought disqualification of LITTLE MO. 

Reasons for Decision:

The Committee was satisfied that LITTLE MO had broken from its gait after 200 metres of the race, free of interference, and had continued in a pace and then in a gallop for a total distance of approximately 300 metres, in breach of Rule 870 (3), in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

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: f6b878970f03250bca21ef6db1e59271


informantnumber: A8044


horsename: Little Mo


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 02/11/2016


hearing_title: Kaikoura TC - 31 October 2016 - R5 (Instigating a Protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against LITTLE MO (S J Tomlinson), placed 6th by the judge, but promoted to 5th following disqualification of the 5th placed horse, DESTINY JONES, after a protest hearing, on the grounds that it “galloped in excess of 150 metres during the running”.

Mr K B Ford, part-owner and trainer of LITTLE MO, had endorsed and signed on the information form “I don’t contest the protest”. Mr Ydgren confirmed that Mr Ford did not wish to be present at the hearing of the protest.

The amended placings following the earlier protest were as follows:
1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  1 Little Mo

Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horses Regulation provides as follows:
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 Ydgren showed a video replay of the start of the 2400 standing start race. He pointed out LITTLE MO, which had been the only horse to start from the front mark, leading the field as it left the straight 200 metres after the start. He then pointed out LITTLE MO go into a pace. It was immediately restrained by its driver and broke for a few strides, and then continued to pace for some distance prior to breaking and galloping for a considerable distance. Mr Ydgren estimated that LITTLE MO was out of its proper gait for approximately 300 metres. Mr Ydgren sought disqualification of LITTLE MO. 


reasonsfordecision:

The Committee was satisfied that LITTLE MO had broken from its gait after 200 metres of the race, free of interference, and had continued in a pace and then in a gallop for a total distance of approximately 300 metres, in breach of Rule 870 (3), in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.


Decision:

The protest was upheld and LITTLE MO was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:
1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  5 Donegal Bettorgretch

It was ordered that stake monies be paid in accordance with that amended result.


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3)& Breaking Horses Regulation


Informant: N M Ydgren, Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: K B Ford, Holder of Licence to Train


StipendSteward:


raceid: 0ec720035e00788776e18ed48a25e864


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f0c9a0d288d3e91323f81603e42d6757


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/10/2016


meet_title: Kaikoura TC - 31 October 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kaikoura-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Kaikoura TC