Wyndham HRC 17 November 2013 – R 2 (instigating a protest)
ID: JCA17934
Meet Title:
Wyndham HRC - 17 November 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/11/17
Race Number:
R 2
Decision:
BET’S SUN has gained an advantage over the rest of the field. In these circumstances we exercise our discretion and disqualify the horse pursuant to r 1003(2).
Amended placings are:
1st 5 MOMENT OF SUN
2ND 2 VEECEWAH
3RD 12 WAITOTO EXPRESS
4TH 10 TRADE ME NOW
5TH 11 SOPHISTICATION
Stakes and dividends are to be paid accordingly.
Facts:
Mr Allison, stipendiary steward, alleged that horse 7, BET’S SUN in race 2, the Wyndham Workouts Committee Trot, broke in excess of 150 metres near the 1700 metre mark.
Judge’s placings were:
1st 5 MOMENT OF SUN
2ND 2 VEECEWAH
3RD 12 WAITOTO EXPRESS
4TH 7 BET’S SUN
5TH 10 TRADE ME NOW
The relevant rules provide:
870(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 other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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: …
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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
Submissions for Decision:
Mr Allison demonstrated on the videos that in his view BET’S SUN, which was racing in 1st position with just over a lap to run, broke in the home straight just before the 150 metres marker peg and continued in a gallop past the finishing line.
Mr Williamson, the trainer of BET’S SUN agreed that the horse had galloped before or at the 150 metres marker and had continued in a gallop to past the winning post.
Reasons for Decision:
We are satisfied that BET’S SUN galloped at the 150 metre marker and continued in that gallop to some 40 metres after the winning post, before eventually settling back into a trot. BET’S SUN has broken free of interference and has failed to promptly regain its correct gait contrary to r 870(4)(a) and the Breaking Horse regulations.
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: d9ae271b251491f7f54302058f557385
informantnumber: A5939
horsename: BET'S SUN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/11/2013
hearing_title: Wyndham HRC 17 November 2013 - R 2 (instigating a protest)
charge:
facts:
Mr Allison, stipendiary steward, alleged that horse 7, BET’S SUN in race 2, the Wyndham Workouts Committee Trot, broke in excess of 150 metres near the 1700 metre mark.
Judge’s placings were:
1st 5 MOMENT OF SUN
2ND 2 VEECEWAH
3RD 12 WAITOTO EXPRESS
4TH 7 BET’S SUN
5TH 10 TRADE ME NOW
The relevant rules provide:
870(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 other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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: …
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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the videos that in his view BET’S SUN, which was racing in 1st position with just over a lap to run, broke in the home straight just before the 150 metres marker peg and continued in a gallop past the finishing line.
Mr Williamson, the trainer of BET’S SUN agreed that the horse had galloped before or at the 150 metres marker and had continued in a gallop to past the winning post.
reasonsfordecision:
We are satisfied that BET’S SUN galloped at the 150 metre marker and continued in that gallop to some 40 metres after the winning post, before eventually settling back into a trot. BET’S SUN has broken free of interference and has failed to promptly regain its correct gait contrary to r 870(4)(a) and the Breaking Horse regulations.
Decision:
BET’S SUN has gained an advantage over the rest of the field. In these circumstances we exercise our discretion and disqualify the horse pursuant to r 1003(2).
Amended placings are:
1st 5 MOMENT OF SUN
2ND 2 VEECEWAH
3RD 12 WAITOTO EXPRESS
4TH 10 TRADE ME NOW
5TH 11 SOPHISTICATION
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4)(a), 1003(2), Breaking Horse regulations
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr P Williamson - Licensed Trainer of BET'S SUN
StipendSteward:
raceid: 3ea03f93c2b545c90942720a2d3836d1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66bcfed193a18096e7e7f806d7092cce
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/11/2013
meet_title: Wyndham HRC - 17 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Wyndham HRC