Archive Decision

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Waikato BOP H 26 January 2020 – R 6 (instigating a protest) – Chair, Mr A Godsalve

ID: JCA17382

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr R Paynter, trainer of GERSHWIN

Information Number:
A10332

Hearing Type:
Protest

Rules:
Rule 870(3), Breaking horses Regulations

Meet Title:
Harness Racing Waikato - 26 January 2020

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2020/01/26

Race Number:
R6

Decision:

GERSHWIN was disqualified from its 5th placing.

The official placings became:

1st       LOVELY BUNDY

2nd      NATTY PAGGER

3rd      FIRA

4th      NEED LUCK

5th      WESTY BOYZ

Authority was given for payment of stakes as per the amended placings.

Facts:

This protest followed the running of Race 6 at Rotorua. Mr Mulcay alleged that GERSHWIN 'broke in excess of 150 metres during the running'.

Mr Paynter, representing the horse's connections, noted on the Information that:

(a) He did not contest the protest, and

(b) He did not wish to be present.

Submissions for Decision:

Mr Mulcay identified GERSHWIN at about the 1050 metres mark when the horse went off stride. GERSHWIN continued on at a gallop for at least 350 metres and eventually regained its gait and finished 5th. As it was in breach of the Rule and Regulations Mr Mulcay asked that the horse be disqualified from the race.

Reasons for Decision:

The protest was not contested.

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

The Regulations provide that '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 regain its proper gait.'

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: dcc91097e86dca525faf5215776c2a3d


informantnumber: A10332


horsename: GERSHWIN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/01/2020


hearing_title: Waikato BOP H 26 January 2020 - R 6 (instigating a protest) - Chair, Mr A Godsalve


charge:


facts:

This protest followed the running of Race 6 at Rotorua. Mr Mulcay alleged that GERSHWIN 'broke in excess of 150 metres during the running'.

Mr Paynter, representing the horse's connections, noted on the Information that:

(a) He did not contest the protest, and

(b) He did not wish to be present.


appealdecision:


isappeal:


submissionsfordecision:

Mr Mulcay identified GERSHWIN at about the 1050 metres mark when the horse went off stride. GERSHWIN continued on at a gallop for at least 350 metres and eventually regained its gait and finished 5th. As it was in breach of the Rule and Regulations Mr Mulcay asked that the horse be disqualified from the race.


reasonsfordecision:

The protest was not contested.

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

The Regulations provide that '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 regain its proper gait.'


Decision:

GERSHWIN was disqualified from its 5th placing.

The official placings became:

1st       LOVELY BUNDY

2nd      NATTY PAGGER

3rd      FIRA

4th      NEED LUCK

5th      WESTY BOYZ

Authority was given for payment of stakes as per the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3), Breaking horses Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr R Paynter, trainer of GERSHWIN


StipendSteward:


raceid: ed31fa8be68f438e3cc798b5889ddd07


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: eee7affe7cdcc1cda79f2a1ead01cb1a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/01/2020


meet_title: Harness Racing Waikato - 26 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato