Auckland TC 21 June 2019 – R 1 (Instigating a Protest) – Chair, Mr G Jones
ID: JCA10490
Meet Title:
Auckland TC - 21 June 2019
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2019/06/21
Race Number:
R1
Decision:
Following the disqualifications, the amended final placings are:
1st – No 2 BURT MUNRO
2nd – No 3 SOL INVICTUS
3rd – No 7 M’LORD MACKENDON
Authority was given for dividends and stakemoney to be paid in accordance with the amended placings.
Note: The circumstances of this hearing were somewhat unusual as this was a 7 horse field with 4 breakers. As each breaker was confirmed to be in breach of the rule and regulations it was disqualified enabling the next placed horse to be temporarily promoted. But all of those promoted except for the eventual 3rd placed horse were eventually disqualified.
Facts:
Following the running of 1, the Haras Des Trotteurs Monte Saddle Mobile Trot 1609m three Information’s instigating a protest were filed by Senior Stipendiary Steward Mr J Muirhead alleging that the 3rd, 4th, 6th and 7th placed horses galloped and were in breach Rules 870(3), the Breaking Horses and Monte Regulations.
The connections of each of the horses involved indicated they did not contest the protest and did not wish to be present during the hearing.
The Judge’s provisional placings were:
1st – No 2 BURT MUNRO
2nd – No 3 SOL INVICTUS
3rd – No 6 MY BOY BOO
4th – No 1 LITTLEBITOFLOVE
5th – No 7 M’LORD MACKENDON
6th - No 5 SONEY BEATT
7th – No 4 GALLEONS VICTORY
Rule 870(3) provides: Any horse which breaks from its gait shall promptly regain its proper gait.
Rule 870(4) provides: 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.
Rule 1003(2) provides: Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
Breaking Regulations
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(a)-Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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 pr Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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.
(b)-Any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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.
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).
Monte Racing Regulations - Regulation 16 provides:
A horse that in the opinion of Stewards gallops breaches the Breaking Horse Regulation should be disqualified from the race.
Submissions for Decision:
To expedite confirmation of placings and to enable dividends to be cleared for payment in a timely manner, the Committee together with the Informant agreed that all Information’s should be heard and resulted together.
Using available race films Mr Muirhead demonstrated each of the breaking incidents.
Information Number A10329 – MY BOY BOO
In the home straight MY BOY BOO galloped near the 150 metre mark and continued in a gallop for the remainder of the race. MY BOY BOO finished in 3rd place. Mr Muirhead submitted that the horse was in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
Information Number A10327 – LITTLEBITOFLOVE and SONEY BEATT
LITTLEBITOFLOVE broke and galloped near the 1500 metre mark for more than 150 metres. After regaining his proper gait he broke again in the final straight near the 200 metres for approximately 80 metres. LITTLEBITOFLOVE crossed the finish line in 4th place. Mr Muirhead submitted the horse was in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
SONEY BEATT broke near the 500 metre mark and galloped for the remainder of the race. SONEY BEAT finished in 6th place. Mr Muirhead submitted that the horse was therefore in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
Information A10328 – GALLEONS VICTORY
GALLEONS VICTORY broke approaching the 300 metre mark and continued in a gallop to the 125 metre mark, thus was not in its correct gait for about 175 metres. Mr Muirhead submitted that GALLEONS VICTORY was in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
Reasons for Decision:
After hearing submissions and reviewing the race films it was clear to the Committee that MY BOY BOO broke and galloped in excess of 50 metres over the concluding stages of the race. Accordingly MY BOY BOO is in breach of r 870(3) and the relevant Breaking Horse Regulations and is disqualified from 3rd placing.
The Committee confirmed LITTLEBITOFLOVE galloped twice during the running of the race. First for at least 150 metres near the 1500 metre mark and second, for at least 100 metres between the 200 and 100 metres in the final straight. LITTLEBITOFLOVE is in breach of r 870(3) and the relevant Breaking Horse Regulations and is disqualified.
The Committee determined that SONEY BEATT galloped from the 500 metres to the winning post and is clearly in breach of r 870(3) and the relevant Breaking Horse Regulations. SONEY BEATT is disqualified.
The Committee also confirmed that GALLEONS VICTORY broke for about 175 metres from the 300 metre mark to the 125 mark and is therefore in breach of r 870(3) and the relevant Breaking Horse Regulations. GALLEONS VICTORY is disqualified.
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: 06634354cab5243e90eb1a5064379139
informantnumber: A10329 – MY BOY BOO A10327 – LITTLEBITOFLOVE and SONEY BEATT A10328 – GALLEONS VICTORY
horsename: MY BOY BOO, LITTLEBITOFLOVE, SONEY BEATT, and GALLEONS VICTORY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/06/2019
hearing_title: Auckland TC 21 June 2019 – R 1 (Instigating a Protest) – Chair, Mr G Jones
charge:
facts:
Following the running of 1, the Haras Des Trotteurs Monte Saddle Mobile Trot 1609m three Information’s instigating a protest were filed by Senior Stipendiary Steward Mr J Muirhead alleging that the 3rd, 4th, 6th and 7th placed horses galloped and were in breach Rules 870(3), the Breaking Horses and Monte Regulations.
The connections of each of the horses involved indicated they did not contest the protest and did not wish to be present during the hearing.
The Judge’s provisional placings were:
1st – No 2 BURT MUNRO
2nd – No 3 SOL INVICTUS
3rd – No 6 MY BOY BOO
4th – No 1 LITTLEBITOFLOVE
5th – No 7 M’LORD MACKENDON
6th - No 5 SONEY BEATT
7th – No 4 GALLEONS VICTORY
Rule 870(3) provides: Any horse which breaks from its gait shall promptly regain its proper gait.
Rule 870(4) provides: 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.
Rule 1003(2) provides: Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
Breaking Regulations
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(a)-Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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 pr Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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.
(b)-Any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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.
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).
Monte Racing Regulations - Regulation 16 provides:
A horse that in the opinion of Stewards gallops breaches the Breaking Horse Regulation should be disqualified from the race.
appealdecision:
isappeal:
submissionsfordecision:
To expedite confirmation of placings and to enable dividends to be cleared for payment in a timely manner, the Committee together with the Informant agreed that all Information’s should be heard and resulted together.
Using available race films Mr Muirhead demonstrated each of the breaking incidents.
Information Number A10329 – MY BOY BOO
In the home straight MY BOY BOO galloped near the 150 metre mark and continued in a gallop for the remainder of the race. MY BOY BOO finished in 3rd place. Mr Muirhead submitted that the horse was in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
Information Number A10327 – LITTLEBITOFLOVE and SONEY BEATT
LITTLEBITOFLOVE broke and galloped near the 1500 metre mark for more than 150 metres. After regaining his proper gait he broke again in the final straight near the 200 metres for approximately 80 metres. LITTLEBITOFLOVE crossed the finish line in 4th place. Mr Muirhead submitted the horse was in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
SONEY BEATT broke near the 500 metre mark and galloped for the remainder of the race. SONEY BEAT finished in 6th place. Mr Muirhead submitted that the horse was therefore in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
Information A10328 – GALLEONS VICTORY
GALLEONS VICTORY broke approaching the 300 metre mark and continued in a gallop to the 125 metre mark, thus was not in its correct gait for about 175 metres. Mr Muirhead submitted that GALLEONS VICTORY was in breach of the (breaking) Rules and Regulations and should be disqualified from the race.
reasonsfordecision:
After hearing submissions and reviewing the race films it was clear to the Committee that MY BOY BOO broke and galloped in excess of 50 metres over the concluding stages of the race. Accordingly MY BOY BOO is in breach of r 870(3) and the relevant Breaking Horse Regulations and is disqualified from 3rd placing.
The Committee confirmed LITTLEBITOFLOVE galloped twice during the running of the race. First for at least 150 metres near the 1500 metre mark and second, for at least 100 metres between the 200 and 100 metres in the final straight. LITTLEBITOFLOVE is in breach of r 870(3) and the relevant Breaking Horse Regulations and is disqualified.
The Committee determined that SONEY BEATT galloped from the 500 metres to the winning post and is clearly in breach of r 870(3) and the relevant Breaking Horse Regulations. SONEY BEATT is disqualified.
The Committee also confirmed that GALLEONS VICTORY broke for about 175 metres from the 300 metre mark to the 125 mark and is therefore in breach of r 870(3) and the relevant Breaking Horse Regulations. GALLEONS VICTORY is disqualified.
Decision:
Following the disqualifications, the amended final placings are:
1st – No 2 BURT MUNRO
2nd – No 3 SOL INVICTUS
3rd – No 7 M’LORD MACKENDON
Authority was given for dividends and stakemoney to be paid in accordance with the amended placings.
Note: The circumstances of this hearing were somewhat unusual as this was a 7 horse field with 4 breakers. As each breaker was confirmed to be in breach of the rule and regulations it was disqualified enabling the next placed horse to be temporarily promoted. But all of those promoted except for the eventual 3rd placed horse were eventually disqualified.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3), Breaking Horses and 16 (1) Monte Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Senior Stipendiary Steward, Mr N Ydgren - Chief Stipendiary Steward
Respondent: Mr J Stormont – Trainer of MY BOY BOO Mr J Abernethy – Trainer of LITTLEBITOFLOVE Mr J Abernethy – Trainer of SONEY BEATT Mr B Wallis – Co-Trainer of GALLEONS VICTORY
StipendSteward:
raceid: c4c27d2c975991712fdcde09ef7fe50e
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: b22582d9d8dbfa23d2e713644a7d2c33
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meetdate: 21/06/2019
meet_title: Auckland TC - 21 June 2019
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ASmith
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name: Auckland TC