Archive Decision

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Auckland TC 29 September 2017 – R 8 (instigating a protest) – Chair, Mr A Dooley

ID: JCA11500

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr B Mangos - Trainer / Driver of MAXIM

Information Number:
A9133

Hearing Type:
Protest

Rules:
870(3) & Breaking Horse Regulations

Meet Title:
Auckland TC - 29 September 2017

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2017/09/29

Race Number:
R8

Decision:

The protest was upheld and MAXIM was disqualified from 5th place.

The amended placings were
1st - NO DOCTOR NEEDED
2nd - BETTER B AMAZED
3rd - JACKS LEGEND
4th - VALOUR LUSTRE
5th - HUG THE WIND

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

Facts:

Following the running of race 8, Franklin Long Roofing 2017 Spring Cup, an Information Instigating a Protest was filed pursuant to Rule 870(3) and the Breaking Horse Regulations. The Informant, Senior Stipendiary Steward, Mr S Mulcay alleged that 5th placed MAXIM ( B Mangos) broke in excess of 150 metres over the final 300 metres and / or broke in excess of 50 metres over the final 200 metres.

Mr Mangos endorsed the Information “I do not contest the protest and agree that MAXIM be disqualified from 5th place”.

Judge’s placings were:
1st - NO DOCTOR NEEDED
2nd - BETTER B AMAZED
3rd - JACKS LEGEND
4th - VALOUR LUSTRE
5th - MAXIM

Rule 870(3) provides: "that any horse that breaks from its gait shall be promptly returned to its gait."

The Breaking Horse Regulations (part B) provides: "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 gait."

The Regulation further provides: "where a protest has been duly lodged against the placing of an offending horse, The Judicial Committee shall either: (1) relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or (2) disqualify it from the race under Rule 1003(2)."

Submissions for Decision:

Mr McIntyre demonstrated on the available video footage that MAXIM galloped in excess of 150 metres over the final 300 metres and was in breach of the Rules. The Stewards submitted that MAXIM should be disqualified from the race.

Mr Mangos did not contest the protest.

Reasons for Decision:

The Committee after reviewing the video footage was satisfied that MAXIM broke for in excess of 150 metres and was in breach of the Rules.

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: 29cedc9e274df72f68d3cb350a6ebc3d


informantnumber: A9133


horsename: MAXIM


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 30/09/2017


hearing_title: Auckland TC 29 September 2017 - R 8 (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 8, Franklin Long Roofing 2017 Spring Cup, an Information Instigating a Protest was filed pursuant to Rule 870(3) and the Breaking Horse Regulations. The Informant, Senior Stipendiary Steward, Mr S Mulcay alleged that 5th placed MAXIM ( B Mangos) broke in excess of 150 metres over the final 300 metres and / or broke in excess of 50 metres over the final 200 metres.

Mr Mangos endorsed the Information “I do not contest the protest and agree that MAXIM be disqualified from 5th place”.

Judge’s placings were:
1st - NO DOCTOR NEEDED
2nd - BETTER B AMAZED
3rd - JACKS LEGEND
4th - VALOUR LUSTRE
5th - MAXIM

Rule 870(3) provides: "that any horse that breaks from its gait shall be promptly returned to its gait."

The Breaking Horse Regulations (part B) provides: "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 gait."

The Regulation further provides: "where a protest has been duly lodged against the placing of an offending horse, The Judicial Committee shall either: (1) relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or (2) disqualify it from the race under Rule 1003(2)."


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre demonstrated on the available video footage that MAXIM galloped in excess of 150 metres over the final 300 metres and was in breach of the Rules. The Stewards submitted that MAXIM should be disqualified from the race.

Mr Mangos did not contest the protest.


reasonsfordecision:

The Committee after reviewing the video footage was satisfied that MAXIM broke for in excess of 150 metres and was in breach of the Rules.


Decision:

The protest was upheld and MAXIM was disqualified from 5th place.

The amended placings were
1st - NO DOCTOR NEEDED
2nd - BETTER B AMAZED
3rd - JACKS LEGEND
4th - VALOUR LUSTRE
5th - HUG THE WIND

It was ordered that dividends and stakes be paid in accordance with 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: Mr N McIntyre - General Manager Stewards


Respondent: Mr B Mangos - Trainer / Driver of MAXIM


StipendSteward:


raceid: 3669bea76c0a24d40de74b25ffc027fc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 34f07c61a71303583db4b3e981690ad7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/09/2017


meet_title: Auckland TC - 29 September 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC