Ashburton TC 28 October 2013 – R 1 (instigating a protest)
ID: JCA11912
Meet Title:
Ashburton TC - 28 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/28
Race Number:
R1
Decision:
The protest was upheld and REGAL PETITE was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st TROUBLE WHIZZ (6)
2nd ALL SHOOK UP (7)
3rd ATRAPI (2)
4th MIDFREW MEDUSA (4)
5th THE BOG (1)
6th KAISEN (5)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, the Mainland Wool Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against REGAL PETITE (S Ottley), placed 2nd by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judges official placings in this race were as follows:
1st TROUBLE WHIZZ (6)
2nd REGAL PETITE (9)
3rd ALL SHOOK UP (7)
4th ASTRAPI (2)
5th MIDFREW MEDUSA (4)
6th THE BOG (1)
The Information reads as follows:
“That horse number 9, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations in that REGAL PETITE broke in excess of 50m inside the final 200m of the race.”
Mr C DeFilippi, trainer of REGAL PETITE, had endorsed on the information form and signed, “I do not contest the disqualification of REGAL PETITE.” Mr DeFilippi had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes 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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed a video replay of the last 200m of the race. He pointed out REGAL PETITE driven by Miss S Ottley, inside the 200m when in second place, go into a break near the 100m and continue in a break until the winning post finishing in 2nd place. Mr Ydgren submitted that REGAL PETITE had been in a break for at least 100m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of REGAL PETITE.
Reasons for Decision:
The Committee was satisfied that REGAL PETITE was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
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: 30532164f32a07a93d970f535a003dc6
informantnumber: A1641
horsename: REGAL PETITE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Ashburton TC 28 October 2013 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the Mainland Wool Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against REGAL PETITE (S Ottley), placed 2nd by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judges official placings in this race were as follows:
1st TROUBLE WHIZZ (6)
2nd REGAL PETITE (9)
3rd ALL SHOOK UP (7)
4th ASTRAPI (2)
5th MIDFREW MEDUSA (4)
6th THE BOG (1)
The Information reads as follows:
“That horse number 9, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations in that REGAL PETITE broke in excess of 50m inside the final 200m of the race.”
Mr C DeFilippi, trainer of REGAL PETITE, had endorsed on the information form and signed, “I do not contest the disqualification of REGAL PETITE.” Mr DeFilippi had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes 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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed a video replay of the last 200m of the race. He pointed out REGAL PETITE driven by Miss S Ottley, inside the 200m when in second place, go into a break near the 100m and continue in a break until the winning post finishing in 2nd place. Mr Ydgren submitted that REGAL PETITE had been in a break for at least 100m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of REGAL PETITE.
reasonsfordecision:
The Committee was satisfied that REGAL PETITE was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
Decision:
The protest was upheld and REGAL PETITE was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st TROUBLE WHIZZ (6)
2nd ALL SHOOK UP (7)
3rd ATRAPI (2)
4th MIDFREW MEDUSA (4)
5th THE BOG (1)
6th KAISEN (5)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) (Instigating a Protest) and Breaking Horses Regulations
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr C DeFilippi-Open Horseman-Public Trainer
StipendSteward:
raceid: e3bbabf058f44a523fb25e1ce1a40b11
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: a00dda4c7c1a5d255f83e9321cc8356c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2013
meet_title: Ashburton TC - 28 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC