Waikato BOP H 10 January 2020 – R 5 – (instigating a protest) – Chair, Mr A Dooley
ID: JCA17746
Meet Title:
Harness Racing Waikato - 10 January 2020
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2020/01/10
Race Number:
R5
Decision:
FORGET THE PRICE TAG and GERSHWIN were disqualified from the race.
The amended final placings are:
1st – No 6 OSCAR BONAVENA
2nd – No 5 MASSIVE METRO
3rd – No 7 WINTERFELL
4th – No 4 TICKLE ME PINK
5th – No 3 FORGET THE PRICE TAG (disqualified after initially being promoted)
6th - No 2 GERSHWN (disqualified)
Authority was given for stake-money to be paid in accordance with the amended placings.
Facts:
Following the running of race 5 two Information’s instigating protests were filed Pursuant to Rule 870(3) by Senior Stipendiary Steward, Mr Mulcay.
Information 1 (A2226) provided that the 5th placed FORGET THE PRICE TAG galloped in excess of 50 metres inside the final 200 metres in breach of the Breaking Horse Regulations.
Information 2 (A2227) provided that after being promoted to 5th placing GERSHWIN galloped in excess of 150 metres during the running in breach of the Breaking Horse Regulations.
Mr T Cameron represented the connections of FORGET THE PRICE TAG and Mr F Schumacher represented the connections of GERSHWIN. In both cases the Information’s were endorsed “I do not wish to be present at the hearing”. “I do not contest the protest” .
The Judge’s provisional placings were:
1st – No 6 OSCAR BONAVENA
2nd – No 5 MASSIVE METRO
3rd – No 7 WINTERFELL
4th – No 4 TICKLE ME PINK
5th – No 3 FORGET THE PRICE TAG (subsequently disqualified)
6th - No 2 GERSHWN (subsequently disqualified)
Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.
The Breaking Horses Regulations provide that:
(a) 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 promptly regain its proper gait.
(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.
Submissions for Decision:
Using available race films Mr Mulcay identified both breaches. Firstly FORGET THE PRICE TAG, he showed the horse broke and galloped for the entire length of the home straight. FORGET THE PRICE TAG went past the winning post whilst galloping in 5th place. Mr Mulcay submitted that the horse was therefore in breach of the relevant Rule and Horse Breaking Regulations and should be disqualified from the race.
Secondly, Mr Mulcay showed that over the final 400 metres GERSHWIN broke and galloped for approximately 250 metres. Mr Mulcay submitted that the horse was therefore in breach of the relevant Rule and Horse Breaking Regulations and should be disqualified from the race.
Reasons for Decision:
After hearing submissions and reviewing the race films it was clear to the Committee that both horses broke and galloped in breach of r 870(3) and the relevant Breaking Horse Regulations. Accordingly, both horses are disqualified.
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: e88ad42fb79b0384e8362aefd9e18e14
informantnumber: A12226 & A12227
horsename: FORGET THE PRICE TAG & GERSWHIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/01/2020
hearing_title: Waikato BOP H 10 January 2020 - R 5 - (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5 two Information’s instigating protests were filed Pursuant to Rule 870(3) by Senior Stipendiary Steward, Mr Mulcay.
Information 1 (A2226) provided that the 5th placed FORGET THE PRICE TAG galloped in excess of 50 metres inside the final 200 metres in breach of the Breaking Horse Regulations.
Information 2 (A2227) provided that after being promoted to 5th placing GERSHWIN galloped in excess of 150 metres during the running in breach of the Breaking Horse Regulations.
Mr T Cameron represented the connections of FORGET THE PRICE TAG and Mr F Schumacher represented the connections of GERSHWIN. In both cases the Information’s were endorsed “I do not wish to be present at the hearing”. “I do not contest the protest” .
The Judge’s provisional placings were:
1st – No 6 OSCAR BONAVENA
2nd – No 5 MASSIVE METRO
3rd – No 7 WINTERFELL
4th – No 4 TICKLE ME PINK
5th – No 3 FORGET THE PRICE TAG (subsequently disqualified)
6th - No 2 GERSHWN (subsequently disqualified)
Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.
The Breaking Horses Regulations provide that:
(a) 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 promptly regain its proper gait.
(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.
appealdecision:
isappeal:
submissionsfordecision:
Using available race films Mr Mulcay identified both breaches. Firstly FORGET THE PRICE TAG, he showed the horse broke and galloped for the entire length of the home straight. FORGET THE PRICE TAG went past the winning post whilst galloping in 5th place. Mr Mulcay submitted that the horse was therefore in breach of the relevant Rule and Horse Breaking Regulations and should be disqualified from the race.
Secondly, Mr Mulcay showed that over the final 400 metres GERSHWIN broke and galloped for approximately 250 metres. Mr Mulcay submitted that the horse was therefore in breach of the relevant Rule and Horse Breaking Regulations and should be disqualified from the race.
reasonsfordecision:
After hearing submissions and reviewing the race films it was clear to the Committee that both horses broke and galloped in breach of r 870(3) and the relevant Breaking Horse Regulations. Accordingly, both horses are disqualified.
Decision:
FORGET THE PRICE TAG and GERSHWIN were disqualified from the race.
The amended final placings are:
1st – No 6 OSCAR BONAVENA
2nd – No 5 MASSIVE METRO
3rd – No 7 WINTERFELL
4th – No 4 TICKLE ME PINK
5th – No 3 FORGET THE PRICE TAG (disqualified after initially being promoted)
6th - No 2 GERSHWN (disqualified)
Authority was given for stake-money to be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr T Cameron - representing Mr A Herlihy, Mr F Schumacher - representing Mr R Paynter
StipendSteward:
raceid: 980315f902bbaa0aa5f87c8b90a52ba5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 594716445404e943f700fba751070e00
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/01/2020
meet_title: Harness Racing Waikato - 10 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato