Bay of Plenty HRC 29 January 2012 – R 2 (instigating a protest)
ID: JCA17310
Meet Title:
Bay of Plenty HRC - 29 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/01/29
Race Number:
R 2
Decision:
The protest was upheld and Cool As Can be was disqualified. Amended placing were confirmed as follows:
1st – Steffi Glass (No 8)
2nd – Motu Claudia Rose (No 9)
3rd – Benromach (No 11)
4th – Aussie Rulz (No 6)
5th – Struth Whata Party (No 7)
In accordance with its decision the committee authorised payment of dividends.
Facts:
This is an ‘uncontested’ protest hearing instigated by the Stipendiary Stewards following the running of race two. The grounds for the protest are that horse number 10, Cool As Can Be galloped in excess of 50 metres, inside the last 200 metres of the race. The driver of Cool As Can Be, Mr J Stormont, representing the connections endorsed the Information that he did not contest the protest and did not wish to be present at the hearing. The provisional placings were:
1st – Steffi Glass (No 8)
2nd – Motu Claudia Rose (No 9)
3rd – Benromach (No 11)
4th – Cool As Can Be (No 10)
5th – Aussie Rulz (No 6)
Rule 870(3) provides that:
Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.
Submissions for Decision:
Mr Taumanu demonstrated the incident using available video footage. He told the Judicial Committee (the “Committee”) that Cool As Can Be was trotting in third place at the 60 metre marker. At this point Cool As Can Be broke and galloped for the remainder of the race, a distance of more than 50 metres and was provisionally placed 4th. This was clearly evident on the video footage.
The connections of Cool As Can Be were not present at the hearing, having earlier indicated that they did not wish to contest the protest.
Reasons for Decision:
The protest is not contested and the evidence is clear that Cool As Can Be galloped in excess of 50 metres during the final 200 metres of the race. The provisions on Rule 870(3) and Breaking Horses Regulations apply.
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: f721c74f20d2e8f5f80d272e65162fd3
informantnumber: 5495
horsename: COOL AS CAN BE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: Bay of Plenty HRC 29 January 2012 - R 2 (instigating a protest)
charge:
facts:
This is an ‘uncontested’ protest hearing instigated by the Stipendiary Stewards following the running of race two. The grounds for the protest are that horse number 10, Cool As Can Be galloped in excess of 50 metres, inside the last 200 metres of the race. The driver of Cool As Can Be, Mr J Stormont, representing the connections endorsed the Information that he did not contest the protest and did not wish to be present at the hearing. The provisional placings were:
1st – Steffi Glass (No 8)
2nd – Motu Claudia Rose (No 9)
3rd – Benromach (No 11)
4th – Cool As Can Be (No 10)
5th – Aussie Rulz (No 6)
Rule 870(3) provides that:
Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu demonstrated the incident using available video footage. He told the Judicial Committee (the “Committee”) that Cool As Can Be was trotting in third place at the 60 metre marker. At this point Cool As Can Be broke and galloped for the remainder of the race, a distance of more than 50 metres and was provisionally placed 4th. This was clearly evident on the video footage.
The connections of Cool As Can Be were not present at the hearing, having earlier indicated that they did not wish to contest the protest.
reasonsfordecision:
The protest is not contested and the evidence is clear that Cool As Can Be galloped in excess of 50 metres during the final 200 metres of the race. The provisions on Rule 870(3) and Breaking Horses Regulations apply.
Decision:
The protest was upheld and Cool As Can be was disqualified. Amended placing were confirmed as follows:
1st – Steffi Glass (No 8)
2nd – Motu Claudia Rose (No 9)
3rd – Benromach (No 11)
4th – Aussie Rulz (No 6)
5th – Struth Whata Party (No 7)
In accordance with its decision the committee authorised payment of dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horses Regulations.
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Wallis - Stipendiary Steward
Respondent: Mr J Stormont - Driver of COOL AS CAN BE
StipendSteward:
raceid: 32352411b826834863b688a6432d7199
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ec2c69c5bdb40b16c5d760d0b94180e7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2012
meet_title: Bay of Plenty HRC - 29 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Bay of Plenty HRC