Archive Decision

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NZ Metro TC – 19 July 2007 – Race 3

ID: JCA20679

Hearing Type:
Old Hearing

Rules:
870.4.a, 870.4.d

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 19 July 2007

Race Date:
2007/07/19

Race Number:
Race 3

Decision: --

Following the running of Race 3, Read Upholstery NZ Junior Drivers' Championship (Heat 1), an information was filed by Stipendiary Steward, Mr N G McIntyre, against BROOKER (J H Abernethy), placed 3rd by the judge, on the grounds of breaking from its gait



--

DECISION AND REASONS:

--

Following the running of Race 3, Read Upholstery NZ Junior Drivers' Championship (Heat 1), an information was filed by Stipendiary Steward, Mr N G McIntyre, against BROOKER (J H Abernethy), placed 3rd by the judge, on the grounds of breaking from its gait "in excessive of the final 50 metres" (sic).

--

--

Mr Abernethy, a Junior Driver, represented the connections of BROOKER at the protest hearing and he was assisted by Mr J A Lischner, holder of a Licence to Train.

--

--

Mr McIntyre referred to the Breaking Horses Regulation and alleged that BROOKER had broken from its gait approximately 60-70 metres from the finish and had continued in a gallop to the finishing line. In addition, he alleged that BROOKER had failed to lose ground by the break.

--

--

Mrs K L Williams, Stipendiary Steward, showed a video replay of the final 200 metres of the Race. She pointed out BROOKER break prior to the 50 metre marker on the inside of the track and continue in a gallop to the finish line. When BROOKER went into gallop it was behind DALRIADA ABBE and it passed that runner while in a gallop thereby failing to lose ground by the break.

--

--

Mr Abernethy did not contest the allegations of the Stipendiary Stewards. Mr Lischner acknowledged that BROOKER had clearly galloped for a distance in excess of 50 metres in the final 200 metres in breach of the Regulation. Mr McIntyre sought disqualification of BROOKER.

--

--

The Committee was satisfied, firstly, that BROOKER had galloped for a distance in excess of 50 metres in the final 200 metres of the Race and had therefore failed to promptly regain its proper gait [Rule 870 (4) (a)] and, secondly, that it had failed to lose ground by the break [Rule 870 (4) (d)].

--

--

Accordingly, the protest was upheld and BROOKER was disqualified. Consequent upon the disqualification, the amended placings for the Race are as follows:

--

1st 3 Chas Luney

--

2nd 14 Joe Boy

--

3rd 7 Dalriada Abbe

--

4th 4 El Alamein

--

5th 1 Azulike

--

 

--

--

R G McKenzie

--

--

JUDICIAL COMMITTEE

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: 799b569c6d880a5ff24271868fdb90ae


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 19/07/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 19 July 2007 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 3, Read Upholstery NZ Junior Drivers' Championship (Heat 1), an information was filed by Stipendiary Steward, Mr N G McIntyre, against BROOKER (J H Abernethy), placed 3rd by the judge, on the grounds of breaking from its gait



--

DECISION AND REASONS:

--

Following the running of Race 3, Read Upholstery NZ Junior Drivers' Championship (Heat 1), an information was filed by Stipendiary Steward, Mr N G McIntyre, against BROOKER (J H Abernethy), placed 3rd by the judge, on the grounds of breaking from its gait "in excessive of the final 50 metres" (sic).

--

--

Mr Abernethy, a Junior Driver, represented the connections of BROOKER at the protest hearing and he was assisted by Mr J A Lischner, holder of a Licence to Train.

--

--

Mr McIntyre referred to the Breaking Horses Regulation and alleged that BROOKER had broken from its gait approximately 60-70 metres from the finish and had continued in a gallop to the finishing line. In addition, he alleged that BROOKER had failed to lose ground by the break.

--

--

Mrs K L Williams, Stipendiary Steward, showed a video replay of the final 200 metres of the Race. She pointed out BROOKER break prior to the 50 metre marker on the inside of the track and continue in a gallop to the finish line. When BROOKER went into gallop it was behind DALRIADA ABBE and it passed that runner while in a gallop thereby failing to lose ground by the break.

--

--

Mr Abernethy did not contest the allegations of the Stipendiary Stewards. Mr Lischner acknowledged that BROOKER had clearly galloped for a distance in excess of 50 metres in the final 200 metres in breach of the Regulation. Mr McIntyre sought disqualification of BROOKER.

--

--

The Committee was satisfied, firstly, that BROOKER had galloped for a distance in excess of 50 metres in the final 200 metres of the Race and had therefore failed to promptly regain its proper gait [Rule 870 (4) (a)] and, secondly, that it had failed to lose ground by the break [Rule 870 (4) (d)].

--

--

Accordingly, the protest was upheld and BROOKER was disqualified. Consequent upon the disqualification, the amended placings for the Race are as follows:

--

1st 3 Chas Luney

--

2nd 14 Joe Boy

--

3rd 7 Dalriada Abbe

--

4th 4 El Alamein

--

5th 1 Azulike

--

 

--

--

R G McKenzie

--

--

JUDICIAL COMMITTEE


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 870.4.a, 870.4.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 43978cb519529bb1f7d237bf676e4ca8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 59d7d66fbdc31307594704f45727b07c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/07/2007


meet_title: NZ Metro TC - 19 July 2007


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC