Archive Decision

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NZ Metro TC 24 January 2020 – R 7 (Instigating a Protest) – Chair, Mr R McKenzie

ID: JCA17600

Applicant:
P Williams, Stipendiary Steward

Respondent(s):
M J McIntyre, Stablehand

Information Number:
A13158

Hearing Type:
Protest

Rules:
870(3)& Breaking Horses Regulations

Meet Title:
NZ Metro TC - 24 January 2020

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2020/01/24

Race Number:
R7

Decision:

The protest was upheld and WAR MACHINE was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st   3 The Dominator
2nd  4 Kings Landing
3rd  2 Didjabringthebeers
4th  1 Splash Cola
5th 11 Majestic Hurricane
6th  7 Destiny Jones

It was ordered that stakes for the race be paid in accordance with that amended result.

Facts:

Following the running of Race 7, Happy 90th Birthday Rose Dakin Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against WAR MACHINE (B N Orange), placed 5th by the judge, on the ground that it “broke in excess of 50 metres inside the final 200 metres of the race” in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Ms M R McIntyre, representing the trainer of WAR MACHINE, Mr M J House, had endorsed on the information form “I do not contest the protest”. Ms McIntyre did not wish to be present at the hearing of the information.

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

(4) Any horse which breaks from its gait in any race and:-

(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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:

(a) 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).

The official placings were:

1st  3 The Dominator
2nd 4 Kings Landing
3rd  2 Didjabringthebeers
4th  1 Splash Cola
5th  5 War Machine
6th 11 Majestic Hurricane

Submissions for Decision:

Mr Williams had Stipendiary Steward, Mr S P Renault, show a video replay of the final 200 metres of the race. He pointed out WAR MACHINE, driven by Mr Orange, wide on the track and in 5th position. Mr Renault then pointed out the 100 metres mark on the inside of the track. The video replay showed that, passing the 100 metres mark, the horse commenced to trot roughly and, shortly after that, the horse went into a gallop, free of interference, and continued on in a gallop to the finishing line. Mr Renault estimated that the horse had galloped for a distance of approximately of 80 metres.

WAR MACHINE finished in 5th placing, Mr Williams said. He sought disqualification of WAR MACHINE from the race.

Reasons for Decision:

The Committee was clearly satisfied from the video evidence that WAR MACHINE had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop for a distance in excess of 50 metres (approximately 80 metres) to the finishing line, in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that stable representative, Ms McIntyre, did not contest the protest.

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: f70efbdc76b104903531198e332a02c7


informantnumber: A13158


horsename: War Machine


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 27/01/2020


hearing_title: NZ Metro TC 24 January 2020 - R 7 (Instigating a Protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 7, Happy 90th Birthday Rose Dakin Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against WAR MACHINE (B N Orange), placed 5th by the judge, on the ground that it “broke in excess of 50 metres inside the final 200 metres of the race” in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Ms M R McIntyre, representing the trainer of WAR MACHINE, Mr M J House, had endorsed on the information form “I do not contest the protest”. Ms McIntyre did not wish to be present at the hearing of the information.

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

(4) Any horse which breaks from its gait in any race and:-

(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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:

(a) 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).

The official placings were:

1st  3 The Dominator
2nd 4 Kings Landing
3rd  2 Didjabringthebeers
4th  1 Splash Cola
5th  5 War Machine
6th 11 Majestic Hurricane


appealdecision:


isappeal:


submissionsfordecision:

Mr Williams had Stipendiary Steward, Mr S P Renault, show a video replay of the final 200 metres of the race. He pointed out WAR MACHINE, driven by Mr Orange, wide on the track and in 5th position. Mr Renault then pointed out the 100 metres mark on the inside of the track. The video replay showed that, passing the 100 metres mark, the horse commenced to trot roughly and, shortly after that, the horse went into a gallop, free of interference, and continued on in a gallop to the finishing line. Mr Renault estimated that the horse had galloped for a distance of approximately of 80 metres.

WAR MACHINE finished in 5th placing, Mr Williams said. He sought disqualification of WAR MACHINE from the race.


reasonsfordecision:

The Committee was clearly satisfied from the video evidence that WAR MACHINE had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop for a distance in excess of 50 metres (approximately 80 metres) to the finishing line, in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that stable representative, Ms McIntyre, did not contest the protest.


Decision:

The protest was upheld and WAR MACHINE was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st   3 The Dominator
2nd  4 Kings Landing
3rd  2 Didjabringthebeers
4th  1 Splash Cola
5th 11 Majestic Hurricane
6th  7 Destiny Jones

It was ordered that stakes for the race be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3)& Breaking Horses Regulations


Informant: P Williams, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Renault - Stipendiary Steward


Respondent: M J McIntyre, Stablehand


StipendSteward:


raceid: 1071756ad774a95f8d6299dec05a2f1d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 02c39406b981e2737e85d531f76dec05


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/01/2020


meet_title: NZ Metro TC - 24 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: NZ Metro TC