Cambridge-Te Awamutu HRC 5 June 2010 – R 4(instigating a protest)
ID: JCA18821
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 5 June 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/06/05
Race Number:
R 4
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: J W Muirhead - Stipendiary Steward
--Defendant: N/A
--Information No: 11815 (instigating a protest)
--Meeting: Cambridge – Te Awamutu Harness Racing Club
--Date: 5 June 2010
--Venue: Cambridge Raceway
--Race: 4
--Rule No: 870 (4) & Breaking Horses Regulations
--Judicial Committee: R G McKenzie, Chairman – B J Scott & L N McCutcheon, Committee Members
--Plea: N/A
----
FACTS:
--Following the running of Race 4, Harness Jewels 3-Y-O Ruby, Information No. 11815 instigating a protest was filed by Stipendiary Steward, Mr J W Muirhead, against MIAMI H (F D Cooney), placed 4th by the judge, on the ground of “breaking from its gait approximately 200 metres after the start for approximately 170 metres”.
----
Mr D M Balle, co-trainer of MIAMI H, had endorsed on the information form “on behalf of owners” to the effect “I do not contest protest”. The Committee was informed by Mr Muirhead that Mr Balle did not wish to be present at the hearing of the information.
----
Rule 869 provides as follows:
--(3) Any horse which breaks from its gait shall promptly regain its proper gait.
--(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
----
The Breaking Horses Regulations provide 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).
----
SUBMISSION(S):
--Stipendiary Steward, Mr N G McIntyre, showed video replays of the first 300-400 metres of the race. He pointed out MIAMI H, shortly after the start, working to the lead when it went into a break. Mr McIntyre told the Committee that the track marker pylons were 10 metres apart. He alleged that MIAMI H had continued in a gallop for a distance of approximately170 metres, a distance in excess of the distance referred to in the Regulations.
----
The Stewards sought disqualification of MIAMI H.
----
REASONS:
--The Committee was satisfied from the video evidence that MIAMI H had broken from its gait shortly after the start of the race and had continued on in a break for a distance of 150 metres or greater in breach of the Breaking Horses Regulation. The Committee also noted that Mr Balle, co-trainer of MIAMI H, did not contest the protest.
----
DECISION:
--The protest was upheld. MIAMI H was disqualified from the race pursuant to Rule 1003 (2). Consequent upon the disqualification of MIAMI H, the amended result for the race is:
--1st 6 Vulcan
--2nd 12 Kahdon
--3rd 7 Boizel
--4th 8 Sonofanearl
--5th 4 Rhythmic Sun
--6th 5 Chocolate Brownie
----
--
R G McKenzie B J Scott and L N McCutcheon
--CHAIR Committee Members
--11815
----
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: 168fdb349a08a6a083b72e19f1ccbe26
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/06/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge-Te Awamutu HRC 5 June 2010 - R 4(instigating a protest)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: J W Muirhead - Stipendiary Steward
--Defendant: N/A
--Information No: 11815 (instigating a protest)
--Meeting: Cambridge – Te Awamutu Harness Racing Club
--Date: 5 June 2010
--Venue: Cambridge Raceway
--Race: 4
--Rule No: 870 (4) & Breaking Horses Regulations
--Judicial Committee: R G McKenzie, Chairman – B J Scott & L N McCutcheon, Committee Members
--Plea: N/A
----
FACTS:
--Following the running of Race 4, Harness Jewels 3-Y-O Ruby, Information No. 11815 instigating a protest was filed by Stipendiary Steward, Mr J W Muirhead, against MIAMI H (F D Cooney), placed 4th by the judge, on the ground of “breaking from its gait approximately 200 metres after the start for approximately 170 metres”.
----
Mr D M Balle, co-trainer of MIAMI H, had endorsed on the information form “on behalf of owners” to the effect “I do not contest protest”. The Committee was informed by Mr Muirhead that Mr Balle did not wish to be present at the hearing of the information.
----
Rule 869 provides as follows:
--(3) Any horse which breaks from its gait shall promptly regain its proper gait.
--(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
----
The Breaking Horses Regulations provide 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).
----
SUBMISSION(S):
--Stipendiary Steward, Mr N G McIntyre, showed video replays of the first 300-400 metres of the race. He pointed out MIAMI H, shortly after the start, working to the lead when it went into a break. Mr McIntyre told the Committee that the track marker pylons were 10 metres apart. He alleged that MIAMI H had continued in a gallop for a distance of approximately170 metres, a distance in excess of the distance referred to in the Regulations.
----
The Stewards sought disqualification of MIAMI H.
----
REASONS:
--The Committee was satisfied from the video evidence that MIAMI H had broken from its gait shortly after the start of the race and had continued on in a break for a distance of 150 metres or greater in breach of the Breaking Horses Regulation. The Committee also noted that Mr Balle, co-trainer of MIAMI H, did not contest the protest.
----
DECISION:
--The protest was upheld. MIAMI H was disqualified from the race pursuant to Rule 1003 (2). Consequent upon the disqualification of MIAMI H, the amended result for the race is:
--1st 6 Vulcan
--2nd 12 Kahdon
--3rd 7 Boizel
--4th 8 Sonofanearl
--5th 4 Rhythmic Sun
--6th 5 Chocolate Brownie
----
--
R G McKenzie B J Scott and L N McCutcheon
--CHAIR Committee Members
--11815
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870 (4) and Breaking Horses Regulations
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eaaf94612d909451b26883c199510b09
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: bee2b2d51bd4fb861171fc17c5ad01e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/06/2010
meet_title: Cambridge - Te Awamutu HRC - 5 June 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Cambridge - Te Awamutu HRC