Archive Decision

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Auckland TC 17 April 2015 – R 11 (instigating a protest)

ID: JCA17643

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr M W McKendry - Driver of I GOT RHYTHM and on behalf of the Trainers and Owners

Information Number:
A7413

Hearing Type:
Protest

Rules:
Rule 870(3)

Meet Title:
Auckland TC - 17 April 2015

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2015/04/17

Race Number:
R11

Decision:

The Protest is upheld and I GOT RHYTHM is disqualified from the race.

The amended placings are now : 1st (7) SAN DIEGO LOVE

                                                   2nd (10) VERY PERSUASIVE

                                                   3rd (5) TORBJORN

                                                   4th (4) CYCLONE LUCKY SEVEN

                                                   5th (1) ACE MOMENT.

It is ordered that dividends and stakes are paid in accordance with the amended placings.

Facts:

Following the running of the CADUCEUS CLUB SUPPORTS KUMEU KIDZ KARTS TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th placing of I GOT RHYTHM on the grounds that it galloped in excess of 150 metres inside the last 1400 metres of the race.

Rule 870(3) provides: that any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horse Regulations go further by providing: that any horse that breaks from its gait and gallops for over 150 metres shall be in breach of rule 870(3).

Mr MW McKendry the driver of I GOT RHYTHM on behalf of the Trainer and Owners of that horse endorsed the Information with the words " I do not contest the Protest " Mr McKendry also did not wish to be present at the Hearing.

Mr Muirhead demonstrated the incident by use of the race films and showed I GOT RHYTHM outside the leader at approximately the 1400 metres mark and it broke and he calculated that it galloped for approximately 190 to 200 metres. It subsequently regained its gait and finished 5th.

Submissions for Decision:

Mr Muirhead said that because it galloped in excess of 150 metres I GOT RHYTHM should be disqualified from the race.

Reasons for Decision:

The Protest is not contested .

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: fdffa97884be27b9839a955b377cf101


informantnumber: A7413


horsename: I GOT RHYTHM


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/04/2015


hearing_title: Auckland TC 17 April 2015 - R 11 (instigating a protest)


charge:


facts:

Following the running of the CADUCEUS CLUB SUPPORTS KUMEU KIDZ KARTS TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th placing of I GOT RHYTHM on the grounds that it galloped in excess of 150 metres inside the last 1400 metres of the race.

Rule 870(3) provides: that any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horse Regulations go further by providing: that any horse that breaks from its gait and gallops for over 150 metres shall be in breach of rule 870(3).

Mr MW McKendry the driver of I GOT RHYTHM on behalf of the Trainer and Owners of that horse endorsed the Information with the words " I do not contest the Protest " Mr McKendry also did not wish to be present at the Hearing.

Mr Muirhead demonstrated the incident by use of the race films and showed I GOT RHYTHM outside the leader at approximately the 1400 metres mark and it broke and he calculated that it galloped for approximately 190 to 200 metres. It subsequently regained its gait and finished 5th.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead said that because it galloped in excess of 150 metres I GOT RHYTHM should be disqualified from the race.


reasonsfordecision:

The Protest is not contested .


Decision:

The Protest is upheld and I GOT RHYTHM is disqualified from the race.

The amended placings are now : 1st (7) SAN DIEGO LOVE

                                                   2nd (10) VERY PERSUASIVE

                                                   3rd (5) TORBJORN

                                                   4th (4) CYCLONE LUCKY SEVEN

                                                   5th (1) ACE MOMENT.

It is ordered that dividends and stakes are paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr M W McKendry - Driver of I GOT RHYTHM and on behalf of the Trainers and Owners


StipendSteward:


raceid: a7b7fae7b98aded7061d76214da1261b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 266fa4a2b6adf549078915f22fa6ce32


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/04/2015


meet_title: Auckland TC - 17 April 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Auckland TC