Archive Decision

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Auckland TC 15 September 2017 – R 3 (instigating a protest) – Chair, Mr A Godsalve

ID: JCA11160

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr J Abernethy-appearing for connections of HE'S LIKE THE WIND

Information Number:
A9130

Hearing Type:
Protest

Rules:
Breaking Horse Regulations: Rule 870(3)

Meet Title:
Auckland TC - 15 September 2017

Meet Chair:
AGodsalve

Meet Committee Member 1:
ASmith

Race Date:
2017/09/15

Race Number:
R3

Decision:

The horse HE'S LIKE THE WIND was disqualified from the race.

The official placings became:

1st         IZINTHEZONE

2nd        THE CROWN JEWELLS

3rd         MORTICIAN

4th         OUR ROSA

5th         BLOOD AND WHISKEY

6th         SAINT MICHEL

Authority was given for stakes to be paid in accordance with the amended placings.

(At a subsequent protest hearing the horse BLOOD AND WHISKEY was disqualified from the race.)

Facts:

Following the running of race 3, the Cancer Society Auckland Northland Mobile Trot 2200m, Mr Mulcay initiated a protest by way of an Information. He alleged that the horse HE'S LIKE THE WIND galloped in excess of 50m in the run home.

The Breaking Horses Regulations provide that:

(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.

Rule 870(3) states 'Any horse which breaks from its gait shall promptly regain its proper gait'

Mr J Abernethy represented the horse's connections, and indicated on the Information that the protest was not contested.

The Judges Placings were:

1st        IZINTHEZONE

2nd       THE CROWN JEWELLS

3rd        MORTICIAN

4th        OUR ROSA

5th        HE'S LIKE THE WIND

6th        BLOOD AND WHISKEY

Submissions for Decision:

Using the available films Mr Mulcay demonstrated that the horse HE'S LIKE THE WIND had gone off stride just as it neared the 200m in the final straight. The horse continued on in a gallop to about the 100m mark. Mr Mulcay stated that this horse had finished in 5th placing, and that as it had breached the Rules and Regulations, should be disqualifed. He added there was prizemoney attached to 5th placing in this race.

The connections did not contest this disqualification.

Reasons for Decision:

As the protest was not contested the Committee accordingly upheld it.

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: 15bae888ae416c927a83531b53151d90


informantnumber: A9130


horsename: HE'S LIKE THE WIND


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/09/2017


hearing_title: Auckland TC 15 September 2017 - R 3 (instigating a protest) - Chair, Mr A Godsalve


charge:


facts:

Following the running of race 3, the Cancer Society Auckland Northland Mobile Trot 2200m, Mr Mulcay initiated a protest by way of an Information. He alleged that the horse HE'S LIKE THE WIND galloped in excess of 50m in the run home.

The Breaking Horses Regulations provide that:

(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.

Rule 870(3) states 'Any horse which breaks from its gait shall promptly regain its proper gait'

Mr J Abernethy represented the horse's connections, and indicated on the Information that the protest was not contested.

The Judges Placings were:

1st        IZINTHEZONE

2nd       THE CROWN JEWELLS

3rd        MORTICIAN

4th        OUR ROSA

5th        HE'S LIKE THE WIND

6th        BLOOD AND WHISKEY


appealdecision:


isappeal:


submissionsfordecision:

Using the available films Mr Mulcay demonstrated that the horse HE'S LIKE THE WIND had gone off stride just as it neared the 200m in the final straight. The horse continued on in a gallop to about the 100m mark. Mr Mulcay stated that this horse had finished in 5th placing, and that as it had breached the Rules and Regulations, should be disqualifed. He added there was prizemoney attached to 5th placing in this race.

The connections did not contest this disqualification.


reasonsfordecision:

As the protest was not contested the Committee accordingly upheld it.


Decision:

The horse HE'S LIKE THE WIND was disqualified from the race.

The official placings became:

1st         IZINTHEZONE

2nd        THE CROWN JEWELLS

3rd         MORTICIAN

4th         OUR ROSA

5th         BLOOD AND WHISKEY

6th         SAINT MICHEL

Authority was given for stakes to be paid in accordance with the amended placings.

(At a subsequent protest hearing the horse BLOOD AND WHISKEY was disqualified from the race.)


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Breaking Horse Regulations: Rule 870(3)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr J Abernethy-appearing for connections of HE'S LIKE THE WIND


StipendSteward:


raceid: 38bfa7bed8b246ea1d08206e3c2c5595


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d700d9cceae6319e64fa8f9b491ddf45


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/09/2017


meet_title: Auckland TC - 15 September 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ASmith


meet_pm2: none


name: Auckland TC