Ashburton TC 6 February 2016 – Non Tote (instigating a protest) – Chair, Mr S Ching
ID: JCA12807
Meet Title:
Ashburton TC - 6 February 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/02/06
Race Number:
R1
Decision:
The protest was upheld with EYRISH MIST being disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st REGAL LOVE (1)
2nd WINNIE MCGOOGAN (4)
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of the Non Tote Two-Year-Old Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault, against EYRISH MIST driven by Mr D Dunn, placed 3rd by the judge on the grounds of “breaking and then galloping in excess of 150m during the running, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows.
1st REGAL LOVE (1)
2nd WINNIE MCGOOGAN (4)
3rd EYRISH MIST (2)
Mr Renault, informed the Committee that the connections of EYRISH MIST did not contest the protest and disqualification of the horse.
Rule 870(3) provides as follows:
“(3) Any horse who 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.
(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 Renault showed a video replay of the mobile start of the race. He pointed out EYRISH MIST, driven by Mr D Dunn, go into a break shortly after the start was declared and continue on in a break for at least 220m. Mr Renault stated it was clear on the video replay that EYRISH MIST was in a break in excess of 150m.
Mr Renault submitted that the Stewards were seeking disqualification of EYRISH MIST.
Reasons for Decision:
The Committee was satisfied that EYRISH MIST was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 150m during the running of the race. It was appropriate the protest be upheld and 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: 5a944ece22223af6f684707b687b8c17
informantnumber: A3641
horsename: EYRISH MIST
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/02/2016
hearing_title: Ashburton TC 6 February 2016 - Non Tote (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of the Non Tote Two-Year-Old Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault, against EYRISH MIST driven by Mr D Dunn, placed 3rd by the judge on the grounds of “breaking and then galloping in excess of 150m during the running, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows.
1st REGAL LOVE (1)
2nd WINNIE MCGOOGAN (4)
3rd EYRISH MIST (2)
Mr Renault, informed the Committee that the connections of EYRISH MIST did not contest the protest and disqualification of the horse.
Rule 870(3) provides as follows:
“(3) Any horse who 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.
(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 Renault showed a video replay of the mobile start of the race. He pointed out EYRISH MIST, driven by Mr D Dunn, go into a break shortly after the start was declared and continue on in a break for at least 220m. Mr Renault stated it was clear on the video replay that EYRISH MIST was in a break in excess of 150m.
Mr Renault submitted that the Stewards were seeking disqualification of EYRISH MIST.
reasonsfordecision:
The Committee was satisfied that EYRISH MIST was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 150m during the running of the race. It was appropriate the protest be upheld and the horse be disqualified.
Decision:
The protest was upheld with EYRISH MIST being disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st REGAL LOVE (1)
2nd WINNIE MCGOOGAN (4)
It was ordered that 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: S Renault- Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: R Allen-Licensed Trainer
StipendSteward:
raceid: 7f88dcbbabe23028b25bbd882b3b425e
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: 4b21e34524ded6f1df41a275df4f75b8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2016
meet_title: Ashburton TC - 6 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Ashburton TC