Auckland TC 17 October 2014 – R 1 (instigating a protest)
ID: JCA16909
Meet Title:
Auckland TC - 17 October 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/10/17
Race Number:
R1
Decision:
We disqualify SCARRYMCLEARY from 2nd placing.
Amended placings are:
1st – No 2 AL BUNDY
2nd – No 5 HONIKIWI DON
3rd – No 6 THE KEYSTONE KID
4th – No 4 KNEAD THE DOUGH
5thh– No 3 A NIGHT IN PARIS
Stakes and dividends are to be paid accordingly.
Facts:
This is an uncontested protest arising from the running of race 1, the MAGGI MAGIC TROT 2200m. Ms Kinsey, Stipendiary Steward, alleged that SCARRYMCLEARY, placed 2nd, broke in excess of 50 metres inside the final 200 metres of the race.
The relevant rules provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse which breaks from its gait in any race and (a) which fails to promptly regain its proper gait may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horse Regulations provide:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the 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.
Judge’s placings were:
1st – No 2 AL BUNDY
2nd – No 9 SCARRYMCLEARY
3rd – No 5 HONIKIWI DON
4TH – No 6 THE KEYSTONE KID
5TH – No 4 KNEAD THE DOUGH
6th – No 3 A NIGHT IN PARIS
The margins were 8 ½ L, 1L, Nose.
Mr J Dickie, the Trainer and Driver of SCARRYMCLEARY did not attend the hearing and he endorsed the Information “I do not contest protest”.
Submissions for Decision:
Ms Kinsley demonstrated the incident using head and side on video film. She identified SCARRYMCLEARY who followed the leader, AL BUNDY into the home straight. She said that SCARRYMCLEARY broke inside the last 200 metres, near the 175 metre mark and continued in a gallop across the finish line.
Reasons for Decision:
The Committee assessed the incident and are of the view that SCARRYMCLEARY clearly broke and galloped for at least 170 metres and therefore is in breach of the Breaking Horses Regulations and rule 870(3) in that he has failed to promptly regain his proper gait.
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: b0f28201049457b34728cb73a30ca917
informantnumber: A2548
horsename: SCARRYMCLEARY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/10/2014
hearing_title: Auckland TC 17 October 2014 - R 1 (instigating a protest)
charge:
facts:
This is an uncontested protest arising from the running of race 1, the MAGGI MAGIC TROT 2200m. Ms Kinsey, Stipendiary Steward, alleged that SCARRYMCLEARY, placed 2nd, broke in excess of 50 metres inside the final 200 metres of the race.
The relevant rules provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse which breaks from its gait in any race and (a) which fails to promptly regain its proper gait may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horse Regulations provide:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the 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.
Judge’s placings were:
1st – No 2 AL BUNDY
2nd – No 9 SCARRYMCLEARY
3rd – No 5 HONIKIWI DON
4TH – No 6 THE KEYSTONE KID
5TH – No 4 KNEAD THE DOUGH
6th – No 3 A NIGHT IN PARIS
The margins were 8 ½ L, 1L, Nose.
Mr J Dickie, the Trainer and Driver of SCARRYMCLEARY did not attend the hearing and he endorsed the Information “I do not contest protest”.
appealdecision:
isappeal:
submissionsfordecision:
Ms Kinsley demonstrated the incident using head and side on video film. She identified SCARRYMCLEARY who followed the leader, AL BUNDY into the home straight. She said that SCARRYMCLEARY broke inside the last 200 metres, near the 175 metre mark and continued in a gallop across the finish line.
reasonsfordecision:
The Committee assessed the incident and are of the view that SCARRYMCLEARY clearly broke and galloped for at least 170 metres and therefore is in breach of the Breaking Horses Regulations and rule 870(3) in that he has failed to promptly regain his proper gait.
Decision:
We disqualify SCARRYMCLEARY from 2nd placing.
Amended placings are:
1st – No 2 AL BUNDY
2nd – No 5 HONIKIWI DON
3rd – No 6 THE KEYSTONE KID
4th – No 4 KNEAD THE DOUGH
5thh– No 3 A NIGHT IN PARIS
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and the breaking horse regulations
Informant: Ms P Kinsey - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms P Kinsey (Stipendiary Steward) and Mr B Jones (Stipendiary Steward)
Respondent: Mr J Dickie - Licensed Trainer and Driver of SCARRYMCLEARY
StipendSteward:
raceid: c902bc3348b04060f7c171c6fe83ab38
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: a73136efb13050e4b92b99504f22d9a5
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/10/2014
meet_title: Auckland TC - 17 October 2014
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "28", "Total": "17.36", "kmprice": 17.359999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC