Auckland TC 18 October 2013 – R 3 (instigating a protest)
ID: JCA11092
Meet Title:
Auckland TC - 18 October 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2013/10/18
Race Number:
R3
Decision:
The protest is upheld and ACE MOMENT is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 5 PHOEBE REVIVAL be promoted to 4th placing. The amended placings are:
1st Boizel No 6
2nd Moment of Truth No 2
3rd Manchester Lass No 4
4th Phoebe Revival No 5
5th Jasinsky No 3
We order the payment of dividends in accordance with the amended placings.
Facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 3, the Maggi Magic Handicap Trot 2700m. The basis of the protest is that horse number 1; ACE MOMENT breached the provisions of Rule 870(3) and the Breaking Horse Regulations by breaking in excess of 150 metres.
The breaking horse regulations provide that:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in a break for a distance of 150 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. Mr MacFarlane endorsed the Information on behalf of the Connections of ACE MOMENT “I do admit the breach - I do not contest”. Mr McFarlane elected not to appear at the hearing.
Mr Muirhead demonstrated the incident by way of available video footage. He told the Judicial Committee that ACE MOMENT broke at about the 400 metre marker and continued in a gallop for about 260 metres, then regained his gait and finished in 4th place.
Reasons for Decision:
The protest is not contested and the video evidence clearly indicates that ACE MOMENT broke for more than 150 metres. The Committee's assessment is that ACE MOMENT continued in a break for at least 250 metres. On that basis ACE MOMENT is in breach of the Breaking Horse Regulations.
JCA Decision Fields (raw)
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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: 162d70542ebd5fa05b80577bf39034a2
informantnumber: A3822
horsename: ACE MOMENT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Auckland TC 18 October 2013 - R 3 (instigating a protest)
charge:
facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 3, the Maggi Magic Handicap Trot 2700m. The basis of the protest is that horse number 1; ACE MOMENT breached the provisions of Rule 870(3) and the Breaking Horse Regulations by breaking in excess of 150 metres.
The breaking horse regulations provide that:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in a break for a distance of 150 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. Mr MacFarlane endorsed the Information on behalf of the Connections of ACE MOMENT “I do admit the breach - I do not contest”. Mr McFarlane elected not to appear at the hearing.
Mr Muirhead demonstrated the incident by way of available video footage. He told the Judicial Committee that ACE MOMENT broke at about the 400 metre marker and continued in a gallop for about 260 metres, then regained his gait and finished in 4th place.
reasonsfordecision:
The protest is not contested and the video evidence clearly indicates that ACE MOMENT broke for more than 150 metres. The Committee's assessment is that ACE MOMENT continued in a break for at least 250 metres. On that basis ACE MOMENT is in breach of the Breaking Horse Regulations.
Decision:
The protest is upheld and ACE MOMENT is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 5 PHOEBE REVIVAL be promoted to 4th placing. The amended placings are:
1st Boizel No 6
2nd Moment of Truth No 2
3rd Manchester Lass No 4
4th Phoebe Revival No 5
5th Jasinsky No 3
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:
Respondent: Mr MacFarlane - on behalf of the Connections of ACE MOMENT
StipendSteward:
raceid: af32340c56803d78309c3ad2daadd1c8
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: 00601446d62976c6f2b6c999553e0dc0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2013
meet_title: Auckland TC - 18 October 2013
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