Auckland TC 22 February 2019 – R 7 (Instigating a Protest) – Chair, Mr A Smith
ID: JCA14538
Meet Title:
Auckland TC - 22 February 2019
Meet Chair:
ASmith
Meet Committee Member 1:
BScott
Race Date:
2019/02/22
Race Number:
R7
Decision:
The protest is upheld and WAR MACHINE is disqualified from 5th placing.
The amended official placings become:
1st no 7 LEMOND
2nd no 5 MASSIVE METRO
3rd no 6 EVERYBODY KNOWS
4th no 1 CREDIT MASTER
Authority was given for dividends and stakes to be paid according to the amended placings.
Facts:
Following the running of race 7, the Sims Pacific Metals Mobile Trot 1700m an information was filed by Senior Stipendiary Steward Mr Mulcay instigating a protest pursuant to rule 870(3). The particulars of the information are that WAR MACHINE (placed 5th) galloped in excess of 150m inside the final 400m of the race.
It is noted that WAR MACHINE had crossed the line in 7th position but due to the disqualifications of HEAVYWEIGHT HERO and MAJESTIC ONE whom had crossed the line in 4th and 6th position respectively, WAR MACHINE had been promoted to 5th position.
Mr Balle who was the driver and trainer of WAR MACHINE, endorsed the information, that he admitted the breach, did not contest the protest and did not wish to be present at the hearing.
The provisional placings were:
1st no 7 LEMOND
2nd no 5 MASSIVE METRO
3rd no 6 EVERYBODY KNOWS
4th no 1 CREDIT MASTER
5th no 2 WAR MACHINE
Rule 870(3) provides that ‘Any horse which breaks from its gait shall promptly regain its proper gait’.
The Breaking Horses Regulations provide:
(a)-Any horse which breaks from its gait 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:
Using the available films Mr Mulcay identified the horse WAR MACHINE approaching the 400m mark on the final lap. Mr Mulcay demonstrated that WAR MACHINE galloped from just prior to 400m and continued to gallop for a distance of more than 150m.
Mr Mulcay submitted that WAR MACHINE was therefore in breach of the Rule and Regulations and should be disqualified from the race.
Reasons for Decision:
The Committee viewed the film and confirmed that WAR MACHINE had galloped for approximately 180m, had then regained its gait and gone on to finish in 5th position, after being promoted from 7th position crossing the finish line. Accordingly WAR MACHINE is in breach of the relevant Rule and Regulations.
Accordingly the protest is upheld.
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: 8fe493935efb57887e07d1608fe064a6
informantnumber: A10723
horsename: WAR MACHINE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2019
hearing_title: Auckland TC 22 February 2019 - R 7 (Instigating a Protest) - Chair, Mr A Smith
charge:
facts:
Following the running of race 7, the Sims Pacific Metals Mobile Trot 1700m an information was filed by Senior Stipendiary Steward Mr Mulcay instigating a protest pursuant to rule 870(3). The particulars of the information are that WAR MACHINE (placed 5th) galloped in excess of 150m inside the final 400m of the race.
It is noted that WAR MACHINE had crossed the line in 7th position but due to the disqualifications of HEAVYWEIGHT HERO and MAJESTIC ONE whom had crossed the line in 4th and 6th position respectively, WAR MACHINE had been promoted to 5th position.
Mr Balle who was the driver and trainer of WAR MACHINE, endorsed the information, that he admitted the breach, did not contest the protest and did not wish to be present at the hearing.
The provisional placings were:
1st no 7 LEMOND
2nd no 5 MASSIVE METRO
3rd no 6 EVERYBODY KNOWS
4th no 1 CREDIT MASTER
5th no 2 WAR MACHINE
Rule 870(3) provides that ‘Any horse which breaks from its gait shall promptly regain its proper gait’.
The Breaking Horses Regulations provide:
(a)-Any horse which breaks from its gait 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:
Using the available films Mr Mulcay identified the horse WAR MACHINE approaching the 400m mark on the final lap. Mr Mulcay demonstrated that WAR MACHINE galloped from just prior to 400m and continued to gallop for a distance of more than 150m.
Mr Mulcay submitted that WAR MACHINE was therefore in breach of the Rule and Regulations and should be disqualified from the race.
reasonsfordecision:
The Committee viewed the film and confirmed that WAR MACHINE had galloped for approximately 180m, had then regained its gait and gone on to finish in 5th position, after being promoted from 7th position crossing the finish line. Accordingly WAR MACHINE is in breach of the relevant Rule and Regulations.
Accordingly the protest is upheld.
Decision:
The protest is upheld and WAR MACHINE is disqualified from 5th placing.
The amended official placings become:
1st no 7 LEMOND
2nd no 5 MASSIVE METRO
3rd no 6 EVERYBODY KNOWS
4th no 1 CREDIT MASTER
Authority was given for dividends and stakes to be paid according to the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) Breaking Horse Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr Balle - Driver and Trainer of WAR MACHINE
StipendSteward:
raceid: a62a95b7d27679d1b900a1df1f62a178
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: d134975d1c28b96e40aa25addb53dfac
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/02/2019
meet_title: Auckland TC - 22 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: BScott
meet_pm2: none
name: Auckland TC