NZ Metro TC 2 August 2012 – R 5 (instigating a protest)
ID: JCA17801
Meet Title:
NZ Metro TC - 2 August 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2012/08/02
Race Number:
R5
Decision:
The protest was upheld, and “Sunnyandcher” was disqualified from 4th place. The amended places are as follows, and we directed that dividends be paid accordingly:
1st – Westmelton Willie (11)
2nd – Jackson Square (8)
3rd – Beyond Reason (5)
4th – The Doctor (10)
5th – Sunny Vacation (4)
6th – Spin Doctor (1)
Facts:
Following the running of Race 5, the Lamb & Hayward Mobile Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the placing of “Sunnyandcher” (7), which was placed 4th in the race. It was alleged that this horse was in a break for a distance in excess of 50 metres during the final 200 metres of this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.
The Judge’s official placings in this race were as follows:
1st – Westmelton Willie (11)
2nd – Jackson Square (8)
3rd – Beyond Reason (5)
4th – Sunnyandcher Gore (7)
5th – The Doctor (10)
6th – Sunny Vacation (4)
The Information reads as follows:
"This is a protest against horse number (7) placed 4th by the Judge on the grounds of breaking from its gait (Rule 870(3) and Breaking Horses Regulation) – Sunnyandcher broke with 90 metres to run and failed to regain it correct gait for approx. 60 metres.”
Rule 870(3) provides as follows:
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”
Clause (b) of the “Breaking Horses” Regulations provides as follows:
“(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.”
Mr A. M. Butt, the driver of “Sunnyandcher” (7) did not attend this hearing, but on behalf of the connections of the horse he had endorsed on the Information – “The connections do not contest the protest.”
Submissions for Decision:
Video coverage of this incident was shown to illustrate that in the final stages of the race “Sunnyandcher” had galloped, and had regained its correct gait just short of the wining post. It was clear that “Sunnyandcher” had been in a break for more than 50 metres.
Mr Ydgren made submissions that “Sunnyandcher” should be disqualified.
Reasons for Decision:
We were satisfied that this protest was not contested and that “Sunnyandcher” should be disqualified from its 4th placing under the provisions of Rule 1003(2).
JCA Decision Fields (raw)
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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: eee8c8f116e2950aa74b00d827cfa0e0
informantnumber: A5194
horsename: Sunnyandcher
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/07/2012
hearing_title: NZ Metro TC 2 August 2012 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the Lamb & Hayward Mobile Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the placing of “Sunnyandcher” (7), which was placed 4th in the race. It was alleged that this horse was in a break for a distance in excess of 50 metres during the final 200 metres of this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.
The Judge’s official placings in this race were as follows:
1st – Westmelton Willie (11)
2nd – Jackson Square (8)
3rd – Beyond Reason (5)
4th – Sunnyandcher Gore (7)
5th – The Doctor (10)
6th – Sunny Vacation (4)
The Information reads as follows:
"This is a protest against horse number (7) placed 4th by the Judge on the grounds of breaking from its gait (Rule 870(3) and Breaking Horses Regulation) – Sunnyandcher broke with 90 metres to run and failed to regain it correct gait for approx. 60 metres.”
Rule 870(3) provides as follows:
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”
Clause (b) of the “Breaking Horses” Regulations provides as follows:
“(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.”
Mr A. M. Butt, the driver of “Sunnyandcher” (7) did not attend this hearing, but on behalf of the connections of the horse he had endorsed on the Information – “The connections do not contest the protest.”
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown to illustrate that in the final stages of the race “Sunnyandcher” had galloped, and had regained its correct gait just short of the wining post. It was clear that “Sunnyandcher” had been in a break for more than 50 metres.
Mr Ydgren made submissions that “Sunnyandcher” should be disqualified.
reasonsfordecision:
We were satisfied that this protest was not contested and that “Sunnyandcher” should be disqualified from its 4th placing under the provisions of Rule 1003(2).
Decision:
The protest was upheld, and “Sunnyandcher” was disqualified from 4th place. The amended places are as follows, and we directed that dividends be paid accordingly:
1st – Westmelton Willie (11)
2nd – Jackson Square (8)
3rd – Beyond Reason (5)
4th – The Doctor (10)
5th – Sunny Vacation (4)
6th – Spin Doctor (1)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3) and Breaking Horses Regulation
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr A M Butt - Driver of SUNNYANDCHER
StipendSteward:
raceid: e5970dac32c7ae565976c7b441c7b87d
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: 09e614be13390da57663df1978091d60
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/08/2012
meet_title: NZ Metro TC - 2 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC