Archive Decision

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Auckland TC 21 July 2017 – R 7 (instigating a protest) – Chair, Mr B Scott

ID: JCA14664

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr T Mitchell - Driver of GERSHWIN

Information Number:
A9122

Hearing Type:
Protest

Rules:
Rule 870(3) and the Breaking Horses Regulations

Meet Title:
Auckland TC - 21 July 2017

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2017/07/21

Race Number:
R7

Decision:

The protest is not contested and is therefore upheld. Gershwin is accordingly disqualified from the race.

The amended placings are now:

First - (7) DJOKOVIC

Second - (5) TERESKOVA

Third - (1) GINTARAS

Fourth - (8) SUNSET PEAK

Fifth - (4) MAJESTIC ALI

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

Facts:

Following the running of the CROMBIE LOCKWOOD INSURANCE HANDICAP TROT, an Information instigating a Protest was lodged by Senior Stipendiary Steward, Mr S Mulcay against the first placing of GERSHWIN on the grounds that it galloped in excess of 150 metres in the early stages of the Race.

Rule 870(3) provides that any horse that breaks from its gait during a race must promptly return to its proper gait.

The Breaking Horses Regulations provide that any horse which breaks from its gait during a race and gallops in excess of 150 metres is in breach of Rule 870(3).

The Protest was not contested and Driver Mr T Mitchell endorsed the Information accordingly.

Mr Mulcay demonstrated the incident by use of the race films and showed where GERSHWIN approaching the first bend broke and galloped in excess of 150 metres. He  calculated that it galloped for over 170 metres.

Submissions for Decision:

Mr Mulcay said that as GERSHWIN had galloped for over 150 metres it was in breach of Rule 870(3) and 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: a1b78bae5d2a7e791aeb2bbbfd286da6


informantnumber: A9122


horsename: GERSHWIN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 23/07/2017


hearing_title: Auckland TC 21 July 2017 - R 7 (instigating a protest) - Chair, Mr B Scott


charge:


facts:

Following the running of the CROMBIE LOCKWOOD INSURANCE HANDICAP TROT, an Information instigating a Protest was lodged by Senior Stipendiary Steward, Mr S Mulcay against the first placing of GERSHWIN on the grounds that it galloped in excess of 150 metres in the early stages of the Race.

Rule 870(3) provides that any horse that breaks from its gait during a race must promptly return to its proper gait.

The Breaking Horses Regulations provide that any horse which breaks from its gait during a race and gallops in excess of 150 metres is in breach of Rule 870(3).

The Protest was not contested and Driver Mr T Mitchell endorsed the Information accordingly.

Mr Mulcay demonstrated the incident by use of the race films and showed where GERSHWIN approaching the first bend broke and galloped in excess of 150 metres. He  calculated that it galloped for over 170 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Mulcay said that as GERSHWIN had galloped for over 150 metres it was in breach of Rule 870(3) and should be disqualified from the race.


reasonsfordecision:

The protest is not contested.


Decision:

The protest is not contested and is therefore upheld. Gershwin is accordingly disqualified from the race.

The amended placings are now:

First - (7) DJOKOVIC

Second - (5) TERESKOVA

Third - (1) GINTARAS

Fourth - (8) SUNSET PEAK

Fifth - (4) MAJESTIC ALI

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3) and the Breaking Horses Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr T Mitchell - Driver of GERSHWIN


StipendSteward:


raceid: 7ad301d1a691231a618c52901738b044


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f8118995095714cebff6c1067b1ff786


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/07/2017


meet_title: Auckland TC - 21 July 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC