HR Waikato 27 March 2014 – R 5 (instigating a protest)
ID: JCA17979
Meet Title:
Harness Racing Waikato - 27 March 2014
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2014/03/27
Race Number:
R5
Decision:
The Protest is dismissed and the Judge's placings stand.
It is ordered that Dividends and Stakes be paid in accordance with the Judge's placings.
Facts:
Following the running of the FAIRVIEW MOTORS CAMBRIDGE TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of DJOKOVIC (Driver Dr L Chin ) on the ground of breaking and galloping in excess of 150 metres in the early stages of the Race.
Dr Chin was present at the Hearing.
The Breaking Horse Regulations provide that a horse which breaks at the start or during the running of a Race and continues in a break for 150 metres or greater then it shall be in breach of Rule 870(3).
In that event the Judicial Committee shall either relegate the horse or disqualify it from the Race.
There is however the following Proviso to the Regulations : 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.
Mr Muirhead demonstrated the incident using the Race Films and showed where DJOKOVIC started from the Unruly 1 position and he said it began trotting but that DOORSLAMMER which had started from the front line broke and ran out and caused interference to DJOKOVIC causing it to break.
Dr Shin confirmed Mr Muirhead's interpretation of the incident.
Submissions for Decision:
Mr Muirhead said that the Stewards were of the view that DJOKOVIC had begun correctly and that the reason for it breaking was the interference caused by DOOR SLAMMER and he submitted that the Committee should exercise its discretion under the Proviso to the Regulations and dismiss the Protest.
Dr Chin concurred with Mr Muirhead's submissions.
Reasons for Decision:
The Committee viewed the Films and these clearly showed the incident as described by Mr Muirhead. The Committee is of the view that DJOKOVIC should get the benefit of the Proviso to the Regulations and that the Committee should exercise its discretion in this instance and dismiss the Protest.
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: deb4a47b92aead891e8856603969ec04
informantnumber: A3975
horsename: DJOKOVIC
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/03/2014
hearing_title: HR Waikato 27 March 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of the FAIRVIEW MOTORS CAMBRIDGE TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of DJOKOVIC (Driver Dr L Chin ) on the ground of breaking and galloping in excess of 150 metres in the early stages of the Race.
Dr Chin was present at the Hearing.
The Breaking Horse Regulations provide that a horse which breaks at the start or during the running of a Race and continues in a break for 150 metres or greater then it shall be in breach of Rule 870(3).
In that event the Judicial Committee shall either relegate the horse or disqualify it from the Race.
There is however the following Proviso to the Regulations : 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.
Mr Muirhead demonstrated the incident using the Race Films and showed where DJOKOVIC started from the Unruly 1 position and he said it began trotting but that DOORSLAMMER which had started from the front line broke and ran out and caused interference to DJOKOVIC causing it to break.
Dr Shin confirmed Mr Muirhead's interpretation of the incident.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that the Stewards were of the view that DJOKOVIC had begun correctly and that the reason for it breaking was the interference caused by DOOR SLAMMER and he submitted that the Committee should exercise its discretion under the Proviso to the Regulations and dismiss the Protest.
Dr Chin concurred with Mr Muirhead's submissions.
reasonsfordecision:
The Committee viewed the Films and these clearly showed the incident as described by Mr Muirhead. The Committee is of the view that DJOKOVIC should get the benefit of the Proviso to the Regulations and that the Committee should exercise its discretion in this instance and dismiss the Protest.
Decision:
The Protest is dismissed and the Judge's placings stand.
It is ordered that Dividends and Stakes be paid in accordance with the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rue 870(3) and the Breaking Horse Regulations
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Dr L Chin - Driver of DJOKOVIC
StipendSteward:
raceid: b9184edb63e450095d254d89cd0f4029
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: fcba113308d4b62f4854d172836445c1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2014
meet_title: Harness Racing Waikato - 27 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato