Auckland TC 11 October 2013 – R 5 (instigating a protest)
ID: JCA12421
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 JOGO BONITO is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 1 BALLYRONAN be promoted to 5th placing. The amended placings are:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Monseigneur No 11
5th Ballyronan No 1
This amended result does not affect the payment of dividends because Ballyronan has been prompted into a non-dividend paying placing.
Facts:
This protest was instigated by Assistant Stipendiary Steward Mr B Jones and relates to the running of race 5, the Burnard International Trot 2200. The basis of the protest is that horse number 14; JOGO BONITO who was provisionally placed 5th 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.
JOGO BONITO was originally placed 6th but following an earlier protest the 4th placed horse JAGERMEISTER was disqualified and JOGO BONITO was promoted to 5th place.
The provisional placings were:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Monseigneur No 11
5th 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 Jones appeared at the hearing on behalf of the Informant. The driver, Mr S McMullan (j) on behalf of the connections of JOGO BONITO endorsed the Information “I do not contest protest”.
Mr Jones demonstrated the incident by way of available video footage. He submitted that JOGO BONITO when leading the field in the home straight broke into a gallop at about the 100 metre mark and continued in a break past the winning post.
Mr Jones told the Committee JOGO BONITO was clearly in breach of the Horse Breaking Regulations and submitted that it should be disqualified from 5th place.
Reasons for Decision:
This is an uncontested protest. The video evidence clearly indicates that JOGO BONITO broke for more than 50 metres inside the last 200 metres of the race and on that basis is in breach of the Breaking Horse Regulations.
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: 5a1479f8e7739c6dbeda7e740a26323a
informantnumber: A3821
horsename: JOGO BONITO
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 Assistant Stipendiary Steward Mr B Jones and relates to the running of race 5, the Burnard International Trot 2200. The basis of the protest is that horse number 14; JOGO BONITO who was provisionally placed 5th 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.
JOGO BONITO was originally placed 6th but following an earlier protest the 4th placed horse JAGERMEISTER was disqualified and JOGO BONITO was promoted to 5th place.
The provisional placings were:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Monseigneur No 11
5th 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 Jones appeared at the hearing on behalf of the Informant. The driver, Mr S McMullan (j) on behalf of the connections of JOGO BONITO endorsed the Information “I do not contest protest”.
Mr Jones demonstrated the incident by way of available video footage. He submitted that JOGO BONITO when leading the field in the home straight broke into a gallop at about the 100 metre mark and continued in a break past the winning post.
Mr Jones told the Committee JOGO BONITO was clearly in breach of the Horse Breaking Regulations and submitted that it should be disqualified from 5th place.
reasonsfordecision:
This is an uncontested protest. The video evidence clearly indicates that JOGO BONITO broke for more than 50 metres inside the last 200 metres of the race and on that basis is in breach of the Breaking Horse Regulations.
Decision:
The protest is upheld and JOGO BONITO is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 1 BALLYRONAN be promoted to 5th placing. The amended placings are:
1st Torbjorn No 12
2nd Sumba No 8
3rd Brookby Prince No 9
4th Monseigneur No 11
5th Ballyronan No 1
This amended result does not affect the payment of dividends because Ballyronan has been prompted into a non-dividend paying placing.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003 and Breaking Horse Regulations
Informant: Mr B Jones (Assistant Stipendiary Steward)
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Jones (Assistant Stipendiary Steward)
Respondent: Mr S McMullan (j) Driver of JOGO BONITO
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