NZ Metro TC – 29 July 2005 –
ID: JCA19882
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 2 an information was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 870(4)(a) and the "Breaking Horses" Regulations by "Invade" (1) driven by Mr W. Cochrane.
| -- DECISION AND REASONS: --Following the running of Race 2 an information was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 870(4)(a) and the "Breaking Horses" Regulations by "Invade" (1) driven by Mr W. Cochrane. Mr Cations, the trainer and part owner of "Invade" attended this hearing with Mr Cochrane. --The protest reads as follows. ------"This is a protest against horse number (1) placed 3rd by the judge on the grounds of breaking from its gait (Rule 870(4)) over the concluding --stages." --Rule 870(4)(a) reads as follows. ---- -- -- -- -- "(4) Any horse which breaks from its gait in any race and:- --
may (in addition to any other penalty which may be imposed pursuant to Rule 1003 hereof) subject to the Breaking Horse 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 relevant "Breaking Horse" Regulation reads as follows. --------"(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870(3) in that it failed to promptly regain its proper gait." ----Mr Cations and Mr Cochrane agreed that they were aware of the nature of the protest and the Rules and Regulation which applied. --Mrs Williams gave evidence that "Invade" was seen to break from its gait over the final stages of the race. A review of the video coverage of the incident showed that "Invade" had broken from its gait a short distance before reaching the 50 metre marker post and had finished in 3rd place. --Video coverage of the race was used to show the incident. Although Mr Cations and Mr Cochrane were not convinced that their horse had broken before the 50 metre mark I was satisfied that it had clearly broken before reaching that mark and that it did not regain its proper gait before reaching the winning post. --In accordance with the "Breaking Horses" Regulation set out above it therefore follows that "Invade" is deemed not to have promptly regained its gait. The Regulation also provides that where a protest has been duly lodged against an offending horse the Judicial Committee shall either relegate or disqualify that --horse. --Mrs Williams advised that she sought the disqualification of "Invade" as it had gained an advantage over the other runners in the race. I agree that it is not an option to relegate in these circumstances and "Invade" was disqualified. The amended places are as follows. --1st ? The Avenue (7) --2nd ? Millburn Madonna (5) --3rd ? Dontgobreakinmyheart (6) --4th ? Nocole Cruise (10) --5th ? Just Begun (4) --6th ? Sunny Day (11) ---- Chairman ---- --
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Decision Date: 29/07/2005
Publish Date: 29/07/2005
JCA Decision Fields (raw)
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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: 43d9350d78cf73769e84566017169ac7
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/07/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 29 July 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 2 an information was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 870(4)(a) and the "Breaking Horses" Regulations by "Invade" (1) driven by Mr W. Cochrane.
| -- DECISION AND REASONS: --Following the running of Race 2 an information was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 870(4)(a) and the "Breaking Horses" Regulations by "Invade" (1) driven by Mr W. Cochrane. Mr Cations, the trainer and part owner of "Invade" attended this hearing with Mr Cochrane. --The protest reads as follows. ------"This is a protest against horse number (1) placed 3rd by the judge on the grounds of breaking from its gait (Rule 870(4)) over the concluding --stages." --Rule 870(4)(a) reads as follows. ---- -- -- -- -- "(4) Any horse which breaks from its gait in any race and:- --
may (in addition to any other penalty which may be imposed pursuant to Rule 1003 hereof) subject to the Breaking Horse 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 relevant "Breaking Horse" Regulation reads as follows. --------"(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870(3) in that it failed to promptly regain its proper gait." ----Mr Cations and Mr Cochrane agreed that they were aware of the nature of the protest and the Rules and Regulation which applied. --Mrs Williams gave evidence that "Invade" was seen to break from its gait over the final stages of the race. A review of the video coverage of the incident showed that "Invade" had broken from its gait a short distance before reaching the 50 metre marker post and had finished in 3rd place. --Video coverage of the race was used to show the incident. Although Mr Cations and Mr Cochrane were not convinced that their horse had broken before the 50 metre mark I was satisfied that it had clearly broken before reaching that mark and that it did not regain its proper gait before reaching the winning post. --In accordance with the "Breaking Horses" Regulation set out above it therefore follows that "Invade" is deemed not to have promptly regained its gait. The Regulation also provides that where a protest has been duly lodged against an offending horse the Judicial Committee shall either relegate or disqualify that --horse. --Mrs Williams advised that she sought the disqualification of "Invade" as it had gained an advantage over the other runners in the race. I agree that it is not an option to relegate in these circumstances and "Invade" was disqualified. The amended places are as follows. --1st ? The Avenue (7) --2nd ? Millburn Madonna (5) --3rd ? Dontgobreakinmyheart (6) --4th ? Nocole Cruise (10) --5th ? Just Begun (4) --6th ? Sunny Day (11) ---- Chairman ---- --
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870.4.a, 870.4, 870.3
Informant:
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StipendSteward:
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