Forbury Park TC 11 August 2016 – R 4 (instigating a protest) – Chair, Prof G Hall
ID: JCA17897
Meet Title:
Forbury Park TC - 11 August 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/08/11
Race Number:
R 4
Decision:
As TOPNOTCH EAGLE has gained an advantage over the field it is appropriate that the horse be disqualified.
Amended placings are:
1st 4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS
4TH 6 MOKOSUN
Stakes and dividends are to be paid accordingly.
Facts:
After the conclusion of a protest into Race 4, the COLIN CLAPPERTON 40 YEARS ATTENDANCE HANDICAP TROT, an information was lodged by Mr Tidmarsh under r 870(3) and breaking horse regs alleging that TOPNOTCH EAGLE galloped in excess of 150 metres.
Placings after the first protest were:
1st 4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS
4TH 3 TOPNOTCH EAGLE
5TH 6 MOKOSUN
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:-
(b) 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 Tidmarsh, Stipendiary Steward, demonstrated on the videos that TOPNOTCH EAGLE broke and galloped for over 180 metres from the 400 metres.
Mr Morrison, the driver of TOPNOTCH EAGLE 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 just after the 400 metres mark TOPNOTCH EAGLE has gone into a break and has continued in a gallop for some 180 to 190 metres. 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: fc2f47763edccd4eff2cac4b564fd730
informantnumber: A7644
horsename: TOPNOTCH EAGLE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/08/2016
hearing_title: Forbury Park TC 11 August 2016 - R 4 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
After the conclusion of a protest into Race 4, the COLIN CLAPPERTON 40 YEARS ATTENDANCE HANDICAP TROT, an information was lodged by Mr Tidmarsh under r 870(3) and breaking horse regs alleging that TOPNOTCH EAGLE galloped in excess of 150 metres.
Placings after the first protest were:
1st 4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS
4TH 3 TOPNOTCH EAGLE
5TH 6 MOKOSUN
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:-
(b) 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 Tidmarsh, Stipendiary Steward, demonstrated on the videos that TOPNOTCH EAGLE broke and galloped for over 180 metres from the 400 metres.
Mr Morrison, the driver of TOPNOTCH EAGLE signed the information and indicated that he did not contest the protest.
reasonsfordecision:
We have viewed the videos and we are satisfied that just after the 400 metres mark TOPNOTCH EAGLE has gone into a break and has continued in a gallop for some 180 to 190 metres. 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 TOPNOTCH EAGLE has gained an advantage over the field it is appropriate that the horse be disqualified.
Amended placings are:
1st 4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS
4TH 6 MOKOSUN
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003(2), breaking horse regs
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J Morrison - Driver of TOPNOTCH EAGLE, Mr W Stapleton - Part-owner of TOPNOTCH EAGLE
StipendSteward:
raceid: d97a1572ae802adc021f428a469f55c6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b17f4baf55a3e0582edbfbe8cf54a8a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/08/2016
meet_title: Forbury Park TC - 11 August 2016
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