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Franklin TC 27 May 2011 – R6 (Instigating a Protest)

ID: JCA17465

Applicant:
Mr JM Muirhead Stipendiary Steward

Information Number:
13868

Hearing Type:
Protest

Rules:
870 and the Breaking Horse Regulations

Meet Title:
Franklin TC - 27 May 2011

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2011/05/27

Race Number:
R6

Decision:

The protest is accordingly upheld and NEVILLE VAUGHAN is disqualified from the race.

The amended result is now:

1st 7 – Lets Get Serious
2nd 6 – Lleyton H
3rd 3 – Me An Kel
4th 5 – Mya Grace
5th 1 – Shebar Spider
6th 2 - Global Invasion
It was ordered that dividends and stakes be paid in accordance with the amended result.
 

Facts:

Following the running of Race 6 an Information Instigating a Protest was filed by Stipendiary Stewart Mr JM Muirhead against the third placing of NEVILLE VAUGHAN (Driver JI Dickie) on the grounds of breaking approximately 150 metres after the start and then continuing in a break for al least 160 metres.
 
Mr CG Gillies as Caretaker Trainer of NEVILLE VAUGHAN was present at the Hearing and advised the Committee that he was representing the connections of that horse. Driver Mr JI Dickie was also present at the Hearing.  Mr Gillies was asked if the Protest was contested and after conferring with Mr Dickie confirmed that the Protest was being contested.
 
Rule 870(3) provides:
“Any horse which breaks from its gait shall promptly regain its proper gait”.
The Breaking Horse Regulations in paragraph A provide:
“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:
Any horse which breaks from it 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.”.
 
Mr Muirhead explained the distances between the various markers around the track. He then demonstrated the incident by use of the video films. The films clearly showed that approximately 150 metres after the start NEVILLE VAUGHAN broke and continued on in that break for some time. Mr Muirhead by use of the video films and the markers on the track calculated that NEVILLE VAUGHAN was in a break for at least 160 metres.
 
Mr Dickie thought that the distance that NEVILLE VAUGHAN was in a break might have been less than that calculated by Mr Muirhead but he could not confirm the exact distance.

Submissions for Decision:

N/A 

Reasons for Decision:

The Committee viewed the films several times and made its own calculations of the distance that NEVILLE VAUGHAN was in a break. The Committee is satisfied that NEVILLE VAUGHAN was in a break for approximately 160 metres and accordingly is in breach of the Breaking Horse Regulations.

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: e70d628f65f749b8fa1fc3899561d309

informantnumber: 13868

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 25/05/2011

hearing_title: Franklin TC 27 May 2011 - R6 (Instigating a Protest)

charge:

facts:

Following the running of Race 6 an Information Instigating a Protest was filed by Stipendiary Stewart Mr JM Muirhead against the third placing of NEVILLE VAUGHAN (Driver JI Dickie) on the grounds of breaking approximately 150 metres after the start and then continuing in a break for al least 160 metres.
 
Mr CG Gillies as Caretaker Trainer of NEVILLE VAUGHAN was present at the Hearing and advised the Committee that he was representing the connections of that horse. Driver Mr JI Dickie was also present at the Hearing.  Mr Gillies was asked if the Protest was contested and after conferring with Mr Dickie confirmed that the Protest was being contested.
 
Rule 870(3) provides:
“Any horse which breaks from its gait shall promptly regain its proper gait”.
The Breaking Horse Regulations in paragraph A provide:
“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:
Any horse which breaks from it 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.”.
 
Mr Muirhead explained the distances between the various markers around the track. He then demonstrated the incident by use of the video films. The films clearly showed that approximately 150 metres after the start NEVILLE VAUGHAN broke and continued on in that break for some time. Mr Muirhead by use of the video films and the markers on the track calculated that NEVILLE VAUGHAN was in a break for at least 160 metres.
 
Mr Dickie thought that the distance that NEVILLE VAUGHAN was in a break might have been less than that calculated by Mr Muirhead but he could not confirm the exact distance.

appealdecision:

isappeal:

submissionsfordecision:

N/A 

reasonsfordecision:

The Committee viewed the films several times and made its own calculations of the distance that NEVILLE VAUGHAN was in a break. The Committee is satisfied that NEVILLE VAUGHAN was in a break for approximately 160 metres and accordingly is in breach of the Breaking Horse Regulations.

Decision:

The protest is accordingly upheld and NEVILLE VAUGHAN is disqualified from the race.

The amended result is now:

1st 7 – Lets Get Serious
2nd 6 – Lleyton H
3rd 3 – Me An Kel
4th 5 – Mya Grace
5th 1 – Shebar Spider
6th 2 - Global Invasion
It was ordered that dividends and stakes be paid in accordance with the amended result.
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870 and the Breaking Horse Regulations

Informant: Mr JM Muirhead Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr CG Gillies - Caretaker Trainer, Mr JI Dickie - Licensed Junior Driver

Respondent:

StipendSteward:

raceid: 0082d93460fee5a741ad2e73aa38f9fd

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: 5bc9f1550ca5facb5f4f5a6e55501ab8

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 27/05/2011

meet_title: Franklin TC - 27 May 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}, {"Comment": [], "kmprice": 65.719999999999999, "MemberID": "BScott", "Member": "", "KMs": "106", "OtherExpenses": "0", "Total": "65.72", "MemberRole": "Chair ", "Approved": "on"}]

meet_otherexp:

tracklocation: franklin-tc

meet_racingtype: harness-racing

meet_chair: BScott

meet_pm1: GJones

meet_pm2: none

name: Franklin TC