Archive Decision

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Auckland TC 23 October 2020 – R 6 (instigating a protest) – Chair, Mr A Smith

ID: JCA14968

Applicant:
J Muirhead (Senior Stipendiary Steward)

Respondent(s):
Mr R Dunn - Trainer of ONE MAJIC KENNY

Information Number:
A12972

Hearing Type:
Protest

Rules:
Rule 870(3) and Breaking Horses Regulations

Meet Title:
Auckland TC - 23 October 2020

Meet Chair:
ASmith

Meet Committee Member 1:
AGodsalve

Race Date:
2020/10/23

Race Number:
R6

Decision:

ONE MAJIC KENNY was disqualified.

The amended final placings are:
1st – No 4 BOLT FOR BRILLIANCE
2nd – No 2 CRACKER HILL
3rd – No 3 MIDNIGHT DASH
4th – No 5 ULTIMATE STRIDE
5th – No 1 I GOT MUSIC

Authority was given for stake money and dividends to be paid in accordance with the amended placings.

Facts:

This protest arises from the running of Race 6, The Haras Des Trotteurs Sires Stakes Champs Mobile Trot 2200m. Pursuant to Rule 870(3). Senior Stipendiary Steward, Mr Muirhead lodged an Information instigating a protest alleging that "ONE MAJIC KENNY (placed 4th) galloped excessively over the final 60 metres of the race."

Prior to the commencement of the hearing Mr Dunn, representing the connections of ONE MAJIC KENNY endorsed the Information and advised the Committee that the protest was uncontested and sought to be excused from attending the hearing. The Committee granted Mr Dunn permission and excused him from attending the hearing.

The Judge’s provisional placings were:
1st – No 4 BOLT FOR BRILLIANCE
2nd – No 2 CRACKER HILL
3rd – No 3 MIDNIGHT DASH
4th – No 6 ONE MAJIC KENNY
5th – No 5 ULTIMATE STRIDE
6th – No 1 I GOT MUSIC

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.
The Breaking Horses Regulations (b) provide that:
'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'.

Submissions for Decision:

Using available race films Mr Mulcay identified ONE MAJIC KENNY as the field passed the final 100 metre marker. He said ONE MAJIC KENNY, went off stride approximately 60m from the finish line and galloped for the remainder of the race.

Mr Muirhead submitted that the horse was therefore in breach of the Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.

Reasons for Decision:

After hearing submissions and reviewing the race films it was clearly evident to the Committee that ONE MAJIC KENNY broke within the final 200 metres and galloped for more than 50 metres. Accordingly ONE MAJIC KENNY is in breach of Rule 870(3) and the relevant Breaking Horse Regulations.

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: 93621f37651cdaf2ad4fbc277bb8d8fd


informantnumber: A12972


horsename: ONE MAJIC KENNY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 23/10/2020


hearing_title: Auckland TC 23 October 2020 - R 6 (instigating a protest) - Chair, Mr A Smith


charge:


facts:

This protest arises from the running of Race 6, The Haras Des Trotteurs Sires Stakes Champs Mobile Trot 2200m. Pursuant to Rule 870(3). Senior Stipendiary Steward, Mr Muirhead lodged an Information instigating a protest alleging that "ONE MAJIC KENNY (placed 4th) galloped excessively over the final 60 metres of the race."

Prior to the commencement of the hearing Mr Dunn, representing the connections of ONE MAJIC KENNY endorsed the Information and advised the Committee that the protest was uncontested and sought to be excused from attending the hearing. The Committee granted Mr Dunn permission and excused him from attending the hearing.

The Judge’s provisional placings were:
1st – No 4 BOLT FOR BRILLIANCE
2nd – No 2 CRACKER HILL
3rd – No 3 MIDNIGHT DASH
4th – No 6 ONE MAJIC KENNY
5th – No 5 ULTIMATE STRIDE
6th – No 1 I GOT MUSIC

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.
The Breaking Horses Regulations (b) provide that:
'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'.


appealdecision:


isappeal:


submissionsfordecision:

Using available race films Mr Mulcay identified ONE MAJIC KENNY as the field passed the final 100 metre marker. He said ONE MAJIC KENNY, went off stride approximately 60m from the finish line and galloped for the remainder of the race.

Mr Muirhead submitted that the horse was therefore in breach of the Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.


reasonsfordecision:

After hearing submissions and reviewing the race films it was clearly evident to the Committee that ONE MAJIC KENNY broke within the final 200 metres and galloped for more than 50 metres. Accordingly ONE MAJIC KENNY is in breach of Rule 870(3) and the relevant Breaking Horse Regulations.


Decision:

ONE MAJIC KENNY was disqualified.

The amended final placings are:
1st – No 4 BOLT FOR BRILLIANCE
2nd – No 2 CRACKER HILL
3rd – No 3 MIDNIGHT DASH
4th – No 5 ULTIMATE STRIDE
5th – No 1 I GOT MUSIC

Authority was given for stake money and dividends to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3) and Breaking Horses Regulations


Informant: J Muirhead (Senior Stipendiary Steward)


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Mulcay - Senior Stipendiary Steward


Respondent: Mr R Dunn - Trainer of ONE MAJIC KENNY


StipendSteward:


raceid: 5c312067026eb2327505e13eec263952


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c0181ad77889a378f00a1b08750d48ce


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/10/2020


meet_title: Auckland TC - 23 October 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ASmith


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC