Archive Decision

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Forbury Park TC 11 December 2015 – R 1 (instigating a protest) – Chair, Prof G Hall

ID: JCA17815

Applicant:
Mr C Allison – Stipendiary Steward

Respondent(s):
Mr D Simpson - Trainer of MOTU TRENDSETTER

Information Number:
1440

Hearing Type:
Protest

Rules:
870(3), 1003(2) Breaking Horses Regulations

Meet Title:
Forbury Park TC - 11 December 2015

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2015/12/11

Race Number:
R1

Decision:

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

Amended placings are:

1ST  8 BEAR’S REST
2ND 2 SPOTLIGHT THE VALLEY
3RD 5 PHOEBE FLYER
4TH 12 SUNNIVUE SADONA
5TH 3 THE TOILER

Stakes and dividends are to be paid accordingly.

Facts:

Mr Allison alleged that in Race 1 the AMBER HOFFMAN RACING STABLES & DEXTER DUNN HANDICAP TROT horse number 6 MOTU TRENDSETTER broke in excess of 150 metres near the 1400 metres.

Mr Allison sought disqualification of MOTU TRENDSETTER pursuant to r 1003(2).

Placings after an earlier protest was determined were:

1ST  8 BEAR’S REST
2ND 2 SPOTLIGHT THE VALLEY
3RD 5 PHOEBE FLYER
4TH 6 MOTU TRENDSETTER
5TH 12 SUNNIVUE SADONA

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:

(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.

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 Allison, stipendiary steward, demonstrated on the videos that MOTU TRENDSETTER broke and galloped for a distance of some 200 metres near the 1400 metre mark.

Mr Simpson indicated on the information that he admitted the breach of the rule.

Reasons for Decision:

We have viewed the videos and we are satisfied that shortly after the 1400 metre mark MOTU TRENDSETTER has galloped for some 200 metres before returning to its correct 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: f10c6ce0fac0f7ce5c88bfca8552ade1


informantnumber: 1440


horsename: MOTU TRENDSETTER


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/12/2015


hearing_title: Forbury Park TC 11 December 2015 - R 1 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Allison alleged that in Race 1 the AMBER HOFFMAN RACING STABLES & DEXTER DUNN HANDICAP TROT horse number 6 MOTU TRENDSETTER broke in excess of 150 metres near the 1400 metres.

Mr Allison sought disqualification of MOTU TRENDSETTER pursuant to r 1003(2).

Placings after an earlier protest was determined were:

1ST  8 BEAR’S REST
2ND 2 SPOTLIGHT THE VALLEY
3RD 5 PHOEBE FLYER
4TH 6 MOTU TRENDSETTER
5TH 12 SUNNIVUE SADONA

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:

(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.

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 Allison, stipendiary steward, demonstrated on the videos that MOTU TRENDSETTER broke and galloped for a distance of some 200 metres near the 1400 metre mark.

Mr Simpson indicated on the information that he admitted the breach of the rule.


reasonsfordecision:

We have viewed the videos and we are satisfied that shortly after the 1400 metre mark MOTU TRENDSETTER has galloped for some 200 metres before returning to its correct 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 MOTU TRENDSETTER has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1ST  8 BEAR’S REST
2ND 2 SPOTLIGHT THE VALLEY
3RD 5 PHOEBE FLYER
4TH 12 SUNNIVUE SADONA
5TH 3 THE TOILER

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3), 1003(2) Breaking Horses Regulations


Informant: Mr C Allison – Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr D Simpson - Trainer of MOTU TRENDSETTER


StipendSteward:


raceid: 5620f9f4cdfda4ab96e6eae8ee1c9333


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a6642c0a6a06cde143e7eea5039f88dd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/12/2015


meet_title: Forbury Park TC - 11 December 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC