Archive Decision

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NZ Metro TC 29 April 2016 – R 3 – Chair, Mr R McKenzie

ID: JCA17314

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
M Purdon, Licensed Open Horseman

Information Number:
A1675

Hearing Type:
Protest

Rules:
870(3) & Breaking Horses Regulation

Meet Title:
NZ Metro TC - 29 April 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2016/04/29

Race Number:
R3

Decision:

The protest was upheld and KING SOLOMON was disqualified. Consequent upon the disqualification, the amended result is as follows:

1st  13 Serengeti
2nd 12 Allison Stoke
3rd 11 Better B Chevron
4th   3 Franco Hampton
5th   4 Spooky

It was ordered that dividends and stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 3, RNP Homes Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against KING SOLOMON (M Purdon), placed 2nd by the judge, on the ground that it “galloped in excess of 50 metres within the final 200 metres”.

Mr Purdon, Driver and Co-Trainer of KING SOLOMON, was present at the hearing of the information representing the connections of that horse. He indicated that the disqualification of KING SOLOMON was contested.

The official placings were:

1st 13 Serengeti
2nd  9 King Solomon
3rd 12 Allison Stoke
4th 11 Better B Chevron
5th   3 Franco Hampton

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:

(b) 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.

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 Renault showed video replays of the final 200 metres of the race. He told the hearing that the track markers in the home straight are 21.3 metres apart and he also pointed to the markers on the inside of the track that are 100 and 50 metres from the finishing line, and the marker marking the distance of 150 metres after the 2600 metres start.

The replays showed that KING SOLOMON, driven by Mr Purdon, was challenging the leader, SERENGETI, at the 200 metres. Shortly after that, KING SOLOMON went into a gallop and continued on in a gallop for some distance, before settling back into a pace and finishing in 2nd placing. Mr Renault alleged that KING SOLOMON had galloped for a distance in excess of 50 metres, close to 65-70 metres he submitted, inside the final 200 metres of the race.

Mr Purdon submitted that whether KING SOLOMON had galloped for 50 metres or greater was “marginal”. It was difficult to determine exactly at what point the horse had settled back pacing, he said.

Reasons for Decision:

After studying the video replays and hearing the submissions of the parties, the Committee found that KING SOLOMON had broken from its gait, free of interference, approximately 20 metres prior to the marker indicating 100 metres from the finishing line and had continued in a gallop to just prior to the marker indicating 50 metres from the finish. Whilst it was difficult to determine the exact distance over which the horse galloped, for the purposes of this protest the Committee was only required to be satisfied that that distance was 50 metres or greater. We were so satisfied and, therefore, KING SOLOMON was in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee’s reasoning was explained to Mr Purdon, who had been present during and had participated in the discussions, and he indicated that he accepted that KING SOLOMON had galloped for a distance of 50 metres or greater.

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: f7a2218846f50649991b38781a298ff7


informantnumber: A1675


horsename: King Solomon


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 03/05/2016


hearing_title: NZ Metro TC 29 April 2016 - R 3 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, RNP Homes Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against KING SOLOMON (M Purdon), placed 2nd by the judge, on the ground that it “galloped in excess of 50 metres within the final 200 metres”.

Mr Purdon, Driver and Co-Trainer of KING SOLOMON, was present at the hearing of the information representing the connections of that horse. He indicated that the disqualification of KING SOLOMON was contested.

The official placings were:

1st 13 Serengeti
2nd  9 King Solomon
3rd 12 Allison Stoke
4th 11 Better B Chevron
5th   3 Franco Hampton

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:

(b) 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.

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 Renault showed video replays of the final 200 metres of the race. He told the hearing that the track markers in the home straight are 21.3 metres apart and he also pointed to the markers on the inside of the track that are 100 and 50 metres from the finishing line, and the marker marking the distance of 150 metres after the 2600 metres start.

The replays showed that KING SOLOMON, driven by Mr Purdon, was challenging the leader, SERENGETI, at the 200 metres. Shortly after that, KING SOLOMON went into a gallop and continued on in a gallop for some distance, before settling back into a pace and finishing in 2nd placing. Mr Renault alleged that KING SOLOMON had galloped for a distance in excess of 50 metres, close to 65-70 metres he submitted, inside the final 200 metres of the race.

Mr Purdon submitted that whether KING SOLOMON had galloped for 50 metres or greater was “marginal”. It was difficult to determine exactly at what point the horse had settled back pacing, he said.


reasonsfordecision:

After studying the video replays and hearing the submissions of the parties, the Committee found that KING SOLOMON had broken from its gait, free of interference, approximately 20 metres prior to the marker indicating 100 metres from the finishing line and had continued in a gallop to just prior to the marker indicating 50 metres from the finish. Whilst it was difficult to determine the exact distance over which the horse galloped, for the purposes of this protest the Committee was only required to be satisfied that that distance was 50 metres or greater. We were so satisfied and, therefore, KING SOLOMON was in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee’s reasoning was explained to Mr Purdon, who had been present during and had participated in the discussions, and he indicated that he accepted that KING SOLOMON had galloped for a distance of 50 metres or greater.


Decision:

The protest was upheld and KING SOLOMON was disqualified. Consequent upon the disqualification, the amended result is as follows:

1st  13 Serengeti
2nd 12 Allison Stoke
3rd 11 Better B Chevron
4th   3 Franco Hampton
5th   4 Spooky

It was ordered that dividends and stakes be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) & Breaking Horses Regulation


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: M Purdon


Respondent: M Purdon, Licensed Open Horseman


StipendSteward:


raceid: b09be651103145d1f04ca582113d7059


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: 6b7f8da382551ed2a4ba25bb80b25049


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/04/2016


meet_title: NZ Metro TC - 29 April 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC