Akaroa TC 20 March 2011 – R 2 (instigating a protest)
ID: JCA18073
Meet Title:
Akaroa TC - 20 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/03/20
Race Number:
R1
Decision:
The protest was upheld, and “The Truth” was relegated from 4th to 5th place behind “Phoebe Revival”, and consequently “Moon Boyz” was relegated from 5th to 6th place”. The amended places are as follows.
1st – Amos (2)
2nd – Volume Control (6)
3rd – Thunder Maker (15)
4th – Pheobe Revival (11)
5th – The Truth (7)
6th – Moon Boyz (8)
Facts:
Following the running of Race 2, the Motukarara Trotting Association Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging “The Truth” (8), which finished 5th failed to lose ground when in a break.
There had been a previous protest against the 3rd placing in the race, which was upheld. The Judges placings after that protest were as follows.
1st – Amos (2)
2nd – Volume Control (6)
3rd – Thunder Maker (15)
4th – The Truth (7)
5th – Moon Boyz (8)
6th – Phoebe Revival (11)
The Information reads as follows.
“This is a protest against horse number (7) placed 5th by the Judge on the grounds of breaking from its gait (Rule 870(4)) – breaking from its gait over the final stages – failing to lose ground in the break.”
We mention at this stage that there had been a previous protest in this race which resulted in “The Truth” being promoted from 5th to 4th place.
Rule 870(4)(a) provides as follows.
“Any Horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait;
(b) ….
(c) ….
(d) ….
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.”
The connections of “The Truth” were represented at this hearing by Mr M. P. Edmonds, the trainer and driver of the horse, and he had endorsed on the Information “I do not contest the protest”.
Submissions for Decision:
Video coverage of this incident was shown to illustrate that late in the run home “The Truth” was making ground from behind “Moon Boyz” when it was seen to throw its head in the air and break. It was the Stipendiary Stewards evidence that when in a break it had not lost ground and had passed “Phoebe Revival” which finished 6th.
Mrs Williams made submission that “The Truth” should be relegated to behind “Phoebe Revival” as it had gained an advantage over that horse. It was also submitted that “Moon Boyz” should be relegated back with “The Truth” in accordance with the previous protest hearing.
We adjourned to consider our decision.
Reasons for Decision:
We were satisfied that this protest was not contested and that “The Truth” should be relegated to behind “Phoebe Revival”. We also agreed that “Moon Boyz” should stay in its position behind “The Truth”.
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: ea266cfbe7702f351b11a1188358c0a2
informantnumber: 13824
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Akaroa TC 20 March 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, the Motukarara Trotting Association Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging “The Truth” (8), which finished 5th failed to lose ground when in a break.
There had been a previous protest against the 3rd placing in the race, which was upheld. The Judges placings after that protest were as follows.
1st – Amos (2)
2nd – Volume Control (6)
3rd – Thunder Maker (15)
4th – The Truth (7)
5th – Moon Boyz (8)
6th – Phoebe Revival (11)
The Information reads as follows.
“This is a protest against horse number (7) placed 5th by the Judge on the grounds of breaking from its gait (Rule 870(4)) – breaking from its gait over the final stages – failing to lose ground in the break.”
We mention at this stage that there had been a previous protest in this race which resulted in “The Truth” being promoted from 5th to 4th place.
Rule 870(4)(a) provides as follows.
“Any Horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait;
(b) ….
(c) ….
(d) ….
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.”
The connections of “The Truth” were represented at this hearing by Mr M. P. Edmonds, the trainer and driver of the horse, and he had endorsed on the Information “I do not contest the protest”.
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown to illustrate that late in the run home “The Truth” was making ground from behind “Moon Boyz” when it was seen to throw its head in the air and break. It was the Stipendiary Stewards evidence that when in a break it had not lost ground and had passed “Phoebe Revival” which finished 6th.
Mrs Williams made submission that “The Truth” should be relegated to behind “Phoebe Revival” as it had gained an advantage over that horse. It was also submitted that “Moon Boyz” should be relegated back with “The Truth” in accordance with the previous protest hearing.
We adjourned to consider our decision.
reasonsfordecision:
We were satisfied that this protest was not contested and that “The Truth” should be relegated to behind “Phoebe Revival”. We also agreed that “Moon Boyz” should stay in its position behind “The Truth”.
Decision:
The protest was upheld, and “The Truth” was relegated from 4th to 5th place behind “Phoebe Revival”, and consequently “Moon Boyz” was relegated from 5th to 6th place”. The amended places are as follows.
1st – Amos (2)
2nd – Volume Control (6)
3rd – Thunder Maker (15)
4th – Pheobe Revival (11)
5th – The Truth (7)
6th – Moon Boyz (8)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4)(a)
Informant: Mrs K. Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M. P. Edmonds - Open Horseman
StipendSteward:
raceid: f67e9627c06ce6ab68894a07bbfd9abd
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: 5c3fa91e274d5feea888af613d2af386
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2011
meet_title: Akaroa TC - 20 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "70", "Total": "43.4", "kmprice": 43.399999999999999, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "71", "Total": "44.02", "kmprice": 44.020000000000003, "Approved": "on"}]
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Akaroa TC