Auckland TC 11 October 2013 – R 5 (instigating a protest)
ID: JCA15881
Meet Title:
Auckland TC - 11 October 2013
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2013/10/11
Race Number:
R5
Decision:
The protest is upheld and JAGERMEISTER is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 11 MONSEIGNEUR be promoted to 4th placing. The amended placings are:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Monseigneur No 11
5th Jogo Bonito
We order the payment of dividends in accordance with the amended placings.
Facts:
This protest was instigated by Stipendiary Steward Mr J Muirhead and relates to the running of race 5, the Burnard International Trot 2200. The basis of the protest is that horse number 6; JAGERMEISTER who was provisionally placed 4th breached the provisions of Rule 870(3) and the Breaking Horse Regulations by breaking within the final 200 metres and continued on in a break for more than 50 metres.
The provisional placings were:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Jagermeister No 6
5th Monseigneur No 11
6th Jogo Bonito
The breaking horse regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a break for a distance of 50 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).
Submissions for Decision:
Mr Muirhead appeared at the hearing on behalf of the Informant. He read out the relevant rules. Ms Donnelly on behalf of the connections of JAGERMEISTER acknowledged that she understood the rules and she advised the Judicial Committee (the “Committee”) that the protest was ‘contested’.
Mr Muirhead demonstrated the incident by way of available video footage. He submitted that JAGERMEISTER broke inside the final 200 metres and galloped for more than 50 metres and less than 60 metres. He demonstrated the distance by using track markers which are fixed 20 metres apart from each other.
Ms Donnelly said that she intended to take the passing lane but was unable to do so because horse number 2, STAR MONARCH broke and shifted into the passing lane. As a result she angled to the outer of STAR MONARCH and at the same time JAGERMEISTER went into a break. Ms Donnelly did not claim that her progress was interfered with by STAR MONARCH and she conceded that JAGERMEISTER did gallop for more than 50 metres.
At this point Ms Donnelly advised the Committee that having reviewed the film she accepted that the protest could not be contested.
Reasons for Decision:
The video evidence clearly indicates that JAGERMEISTER broke for more than 50 metres inside the last 200 metres of the race. The Committee assessed that JAGERMEISTER continued in a break for about 55 metres. On that basis JAGERMEISTER is in breach of the Breaking Horse Regulations.
In consideration of the decision the Committee has also noted Ms Donnelly accepts JAGERMEISTER broke for more than 50 metres and that after reviewing the film she advised the Committee that she did not contest the protest.
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: dfa9fca191cb1e21808467ceae133a80
informantnumber: A3820
horsename: JAGERMEISTER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Auckland TC 11 October 2013 - R 5 (instigating a protest)
charge:
facts:
This protest was instigated by Stipendiary Steward Mr J Muirhead and relates to the running of race 5, the Burnard International Trot 2200. The basis of the protest is that horse number 6; JAGERMEISTER who was provisionally placed 4th breached the provisions of Rule 870(3) and the Breaking Horse Regulations by breaking within the final 200 metres and continued on in a break for more than 50 metres.
The provisional placings were:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Jagermeister No 6
5th Monseigneur No 11
6th Jogo Bonito
The breaking horse regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a break for a distance of 50 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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead appeared at the hearing on behalf of the Informant. He read out the relevant rules. Ms Donnelly on behalf of the connections of JAGERMEISTER acknowledged that she understood the rules and she advised the Judicial Committee (the “Committee”) that the protest was ‘contested’.
Mr Muirhead demonstrated the incident by way of available video footage. He submitted that JAGERMEISTER broke inside the final 200 metres and galloped for more than 50 metres and less than 60 metres. He demonstrated the distance by using track markers which are fixed 20 metres apart from each other.
Ms Donnelly said that she intended to take the passing lane but was unable to do so because horse number 2, STAR MONARCH broke and shifted into the passing lane. As a result she angled to the outer of STAR MONARCH and at the same time JAGERMEISTER went into a break. Ms Donnelly did not claim that her progress was interfered with by STAR MONARCH and she conceded that JAGERMEISTER did gallop for more than 50 metres.
At this point Ms Donnelly advised the Committee that having reviewed the film she accepted that the protest could not be contested.
reasonsfordecision:
The video evidence clearly indicates that JAGERMEISTER broke for more than 50 metres inside the last 200 metres of the race. The Committee assessed that JAGERMEISTER continued in a break for about 55 metres. On that basis JAGERMEISTER is in breach of the Breaking Horse Regulations.
In consideration of the decision the Committee has also noted Ms Donnelly accepts JAGERMEISTER broke for more than 50 metres and that after reviewing the film she advised the Committee that she did not contest the protest.
Decision:
The protest is upheld and JAGERMEISTER is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 11 MONSEIGNEUR be promoted to 4th placing. The amended placings are:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Monseigneur No 11
5th Jogo Bonito
We order the payment of dividends in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003 and Breaking Horse Regulations
Informant: Mr J Muirhead – Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms A Donnelly – Driver and trainer of JAGERMEISTER, Mr J Muirhead – Stipendiary Steward
Respondent: Ms A Donnelly – Driver and trainer of JAGERMEISTER
StipendSteward:
raceid: 7551f60626859154e47a8be6058c4543
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fc7499c9ed1b63a590348a9d7ed2f222
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/10/2013
meet_title: Auckland TC - 11 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC