Auckland TC 27 September 2019 – R 6 (instigating a protest) – Chair, Mr A Dooley
ID: JCA12120
Meet Title:
Auckland TC - 27 September 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/09/27
Race Number:
Race 6
Decision:
The protest was upheld and SUNNY GLENIS was disqualified.
The amended placings were:
1st No 4 CREDIT MASTER
2nd No 8 LEMOND
3rd No 9 C K SPUR
4th No 2 SEX ON FIRE
5th No 7 MASSIVE METRO
It was ordered that stakes and dividends be paid in accordance with the amended result.
Facts:
Following the running of Race 6, I Fly Thai Airways Mobile Trot 1609m, an Information instigating a protest was filed by Senior Stipendiary Steward, Mr Muirhead. He alleged that SUNNY GLENIS placed 6th by the judge, broke in excess of 150 metres over the early stages of the race. This is a breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr S Phelan the Driver of SUNNY GLENIS, endorsed the Information “I do not contest the protest and do not wish to be present at the hearing”.
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) 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.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 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).
The provisional judge’s placings were:
1st No 4 CREDIT MASTER
2nd No 8 LEMOND
3rd No 9 C K SPUR
4th No 2 SEX ON FIRE
5th No 1 MR GOOD AND EVIL
6th No 5 SUNNY GLENIS
Submissions for Decision:
At the commencement of the hearing Mr Muirhead advised the Committee that although SUNNY GLENIS finished in 6th place it was subsequently promoted to 5th place due to the original 5th placed horse was disqualified at an earlier hearing.
Using available video films Mr Muirhead demonstrated that SUNNY GLENIS galloped in excess of 150 metres at the start of the race. He submitted that SUNNY GLENIS should be disqualified from its promoted 5th placing.
Reasons for Decision:
On the basis of the video evidence the Committee was satisfied that SUNNY GLENIS broke in excess of 150 metres at the start of the race. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee notes that MR GOOD AND EVIL which finished in 5th place and as alluded to above was disqualified pursuant to Rule 870(3) & Breaking Horse Regulations. Therefore MASSIVE METRO which originally finished in 7th place was promoted to 5th place.
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: 3479258968caf3de66d08da6310f8f34
informantnumber: A10741
horsename: SUNNY GLENIS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/09/2019
hearing_title: Auckland TC 27 September 2019 - R 6 (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 6, I Fly Thai Airways Mobile Trot 1609m, an Information instigating a protest was filed by Senior Stipendiary Steward, Mr Muirhead. He alleged that SUNNY GLENIS placed 6th by the judge, broke in excess of 150 metres over the early stages of the race. This is a breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr S Phelan the Driver of SUNNY GLENIS, endorsed the Information “I do not contest the protest and do not wish to be present at the hearing”.
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) 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.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 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).
The provisional judge’s placings were:
1st No 4 CREDIT MASTER
2nd No 8 LEMOND
3rd No 9 C K SPUR
4th No 2 SEX ON FIRE
5th No 1 MR GOOD AND EVIL
6th No 5 SUNNY GLENIS
appealdecision:
isappeal:
submissionsfordecision:
At the commencement of the hearing Mr Muirhead advised the Committee that although SUNNY GLENIS finished in 6th place it was subsequently promoted to 5th place due to the original 5th placed horse was disqualified at an earlier hearing.
Using available video films Mr Muirhead demonstrated that SUNNY GLENIS galloped in excess of 150 metres at the start of the race. He submitted that SUNNY GLENIS should be disqualified from its promoted 5th placing.
reasonsfordecision:
On the basis of the video evidence the Committee was satisfied that SUNNY GLENIS broke in excess of 150 metres at the start of the race. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee notes that MR GOOD AND EVIL which finished in 5th place and as alluded to above was disqualified pursuant to Rule 870(3) & Breaking Horse Regulations. Therefore MASSIVE METRO which originally finished in 7th place was promoted to 5th place.
Decision:
The protest was upheld and SUNNY GLENIS was disqualified.
The amended placings were:
1st No 4 CREDIT MASTER
2nd No 8 LEMOND
3rd No 9 C K SPUR
4th No 2 SEX ON FIRE
5th No 7 MASSIVE METRO
It was ordered that stakes and dividends be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horse Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr S Phelan - Driver of SUNNY GLENIS
StipendSteward:
raceid: 4a4d6a20a59886340d39374966118427
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3fac73d426db05a3156cd8b648e57826
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/09/2019
meet_title: Auckland TC - 27 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland TC