Archive Decision

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Kurow HRC 7 August 2016 – R 1 (instigating a protest) – Chair, Prof G Hall

ID: JCA17478

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr M Heenan - Trainer/Driver of HOLLY TROUBLE

Information Number:
A8410

Hearing Type:
Protest

Rules:
870(3), 1003(2) and Breaking Horse Regulations

Meet Title:
Kurow TC - 7 August 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/08/07

Race Number:
R 1

Decision:

As HOLLY TROUBLE has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:
1st - 1 PRETORIUS
2nd - 6 ALL SETTLED DOWN
3rd - 7 LINDSAY CASTLETON
4th - 2 MON ARCHIE WAY
5th - 3 LA VETTE

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 1, the COLLIE HILLS STUD TROT, an information was lodged by Mr Renault alleging that HOLLY TROUBLE was in breach of rr 870(3), 1003(2), and the Breaking Horses Regulations in that the horse broke in excess of 50 metres in the final 200 metres of the race.

Mr Renault sought disqualification of HOLLY TROUBLE pursuant to r 1003(2).

Judge’s placings were:
1st - 1 PRETORIUS
2nd - 6 ALL SETTLED DOWN
3rd - 7 LINDSAY CASTLETON
4th - 5 HOLLY TROUBLE
5th - 2 MON ARCHIE WAY

The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 Wallis, Stipendiary Steward, demonstrated on the videos that HOLLY TROUBLE broke and galloped for a distance of some 90 to 100 metres in the last 200 metres.

Mr Heenan, the trainer/driver of HOLLY TROUBLE signed the information and indicated that he did not contest the protest.

Reasons for Decision:

We have viewed the videos and we are satisfied that shortly after the 200 metres mark HOLLY TROUBLE has gone into a break and has galloped for some 90 to 100 before regaining its gait. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly 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: e8c23814a577f664fd748d125acd2304


informantnumber: A8410


horsename: HOLLY TROUBLE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 07/08/2016


hearing_title: Kurow HRC 7 August 2016 - R 1 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 1, the COLLIE HILLS STUD TROT, an information was lodged by Mr Renault alleging that HOLLY TROUBLE was in breach of rr 870(3), 1003(2), and the Breaking Horses Regulations in that the horse broke in excess of 50 metres in the final 200 metres of the race.

Mr Renault sought disqualification of HOLLY TROUBLE pursuant to r 1003(2).

Judge’s placings were:
1st - 1 PRETORIUS
2nd - 6 ALL SETTLED DOWN
3rd - 7 LINDSAY CASTLETON
4th - 5 HOLLY TROUBLE
5th - 2 MON ARCHIE WAY

The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 Wallis, Stipendiary Steward, demonstrated on the videos that HOLLY TROUBLE broke and galloped for a distance of some 90 to 100 metres in the last 200 metres.

Mr Heenan, the trainer/driver of HOLLY TROUBLE signed the information and indicated that he did not contest the protest.


reasonsfordecision:

We have viewed the videos and we are satisfied that shortly after the 200 metres mark HOLLY TROUBLE has gone into a break and has galloped for some 90 to 100 before regaining its gait. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.


Decision:

As HOLLY TROUBLE has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:
1st - 1 PRETORIUS
2nd - 6 ALL SETTLED DOWN
3rd - 7 LINDSAY CASTLETON
4th - 2 MON ARCHIE WAY
5th - 3 LA VETTE

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3), 1003(2) and Breaking Horse Regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Wallis - Stipendiary Steward


Respondent: Mr M Heenan - Trainer/Driver of HOLLY TROUBLE


StipendSteward:


raceid: 35279de0fac18586bc4f972712323a17


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d4f50f9e8424fcef4762c69ff03bedb1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/08/2016


meet_title: Kurow TC - 7 August 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kurow-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Kurow TC