Methven TC 18 October 2015 – R 4 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA18226
Meet Title:
Methven TC - 18 October 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/10/18
Race Number:
R4
Decision:
The protest was upheld and MONKEY’S WAY was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:
1st 11 Pegasus Dream
2nd 12 Waterloo Sunset
3rd 7 Peterhof
4th 5 The Zigmeister
5th 3 Fireman
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 4, The Brown Pub Methven Punter of the Year Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr J M McLaughlin, against MONKEY’S WAY (R D Close), placed 2nd by the judge, on the grounds that it “broke in excess of 150 metres at the start”.
Mr R D Close, driver of MONKEY’S WAY, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing. Owner and trainer of MONKEY’S WAY, Mr J Aarts, was also present.
Mr Close confirmed to the hearing that the protest was not contested.
The judge’s placings were as follows:
1st 11 Pegasus Dream
2nd 2 Monkey’s Way
3rd 12 Waterloo Sunset
4th 7 Peterhof
5th 5 The Zigmeister
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
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 McLaughlin had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the start of the 3000 metres standing start event for C1 to C4 trotters. Mr McIntyre pointed out MONKEY’S WAY driven by Mr Close, which had drawn barrier position 2 on the front row. When the barrier tape was released, MONKEY’S WAY bounded for a couple of strides and then went into a gallop. Mr McIntyre pointed out, on the video replay, a yellow marker on the inside of the track which was, he said, 150 metres from the 3000 metres starting point of the race. He then showed that MONKEY’S WAY had continued in a gallop until, clearly, past that marker peg – a distance of in excess of 150 metres.
Mr McLaughlin sought disqualification of MONKEY’S WAY.
Reasons for Decision:
The Committee was satisfied, from the video evidence, that MONKEY’S WAY had galloped at the start of the race, free of interference, and had continued in a gallop for a distance in excess of 150 metres. It was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that the protest was not contested by Mr Aarts or Mr Close.
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: fe5e1a91892dbeb062e786813d6737a9
informantnumber: A5422
horsename: Monkey's Way
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/10/2015
hearing_title: Methven TC 18 October 2015 - R 4 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, The Brown Pub Methven Punter of the Year Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr J M McLaughlin, against MONKEY’S WAY (R D Close), placed 2nd by the judge, on the grounds that it “broke in excess of 150 metres at the start”.
Mr R D Close, driver of MONKEY’S WAY, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing. Owner and trainer of MONKEY’S WAY, Mr J Aarts, was also present.
Mr Close confirmed to the hearing that the protest was not contested.
The judge’s placings were as follows:
1st 11 Pegasus Dream
2nd 2 Monkey’s Way
3rd 12 Waterloo Sunset
4th 7 Peterhof
5th 5 The Zigmeister
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
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 McLaughlin had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the start of the 3000 metres standing start event for C1 to C4 trotters. Mr McIntyre pointed out MONKEY’S WAY driven by Mr Close, which had drawn barrier position 2 on the front row. When the barrier tape was released, MONKEY’S WAY bounded for a couple of strides and then went into a gallop. Mr McIntyre pointed out, on the video replay, a yellow marker on the inside of the track which was, he said, 150 metres from the 3000 metres starting point of the race. He then showed that MONKEY’S WAY had continued in a gallop until, clearly, past that marker peg – a distance of in excess of 150 metres.
Mr McLaughlin sought disqualification of MONKEY’S WAY.
reasonsfordecision:
The Committee was satisfied, from the video evidence, that MONKEY’S WAY had galloped at the start of the race, free of interference, and had continued in a gallop for a distance in excess of 150 metres. It was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that the protest was not contested by Mr Aarts or Mr Close.
Decision:
The protest was upheld and MONKEY’S WAY was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:
1st 11 Pegasus Dream
2nd 12 Waterloo Sunset
3rd 7 Peterhof
4th 5 The Zigmeister
5th 3 Fireman
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horses Regulation
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J Aarts, Holder of Licence to Train, Mr N G McIntyre - Co-Chief Stipendiary Steward
Respondent: R D Close, Licensed Open Driver
StipendSteward:
raceid: 090c23b5b13082f592008558d4da13ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a8a2fdf0ab8dd742c97c9adc5a00f8b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2015
meet_title: Methven TC - 18 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Methven TC