Auckland TC 31 August 2017 – R 5 (instigating a protest) – Chair, Mr A Godsalve
ID: JCA16069
Meet Title:
Auckland TC - 31 August 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2017/08/31
Race Number:
R5
Decision:
ALL AMERICAN was therefore disqualifed from its 5th placing.
The official placings then became:
1st Grenado
2nd Majestic One
3rd Secretofthesea Smile
4th Our Petite Lady
5th Izinthezone
Authority was given for stakemoney to be paid in accordance with the amended placings.
Facts:
Following the running of race 5, the McGregor Bailey Chartered Accountants Hcp Trot 2200m, an Information was lodged by Mr Muirhead, instigating a protest against the 5th placed horse ALL AMERICAN. Mr Muirhead alleged that ALL AMERICAN galloped excessively over the final 200m of the race and finished 5th. He said that ALL AMERICAN galloped for approximately 130 metres, finishing 5th and that it was a breach of the Breaking Horse Regulations.
The Judges placings were -
1st Grenado
2nd Majestic One
3rd Secretofthesea Smile
4th Our Petite Lady
5th All American
Rule 870(4) provides 'Any horse which breaks from its gait in any race and-
(a) which fails to promptly regain its proper gait; and/or
(b) which is not taken clear of the field ; and/or
(c) in respect of which all reasonable steps are not taken to return it to its proper gait; and/or
(d) which fails to lose ground by the break:
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.
Breaking Horse Regulations:
(b) 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.
Where a protest has been duly lodged against the placing of the offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870(3) to behind any 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:
Mr Muirhead used the available videos to demonstrate that the horse ALL AMERICAN was making a run on the outside of the field as it neared the 200 metres mark. Approximately 130 metres from the finish the horse went off-stride into a gallop, and continued to gallop to the finish of the race. The horse finished in 5th placing, for which there was allotted stakemoney. Mr Muirhead therefore submitted that the horse ALL AMERICAN should be disqualified from the race.
Mr J Dickie, the driver of the horse ALL AMERICAN and appearing for the connections, had endorsed the Information to the effect that :
(i) he admitted the breach of the Rule
(ii) he did not wish to contest the Protest
(iii) he did not wish to be present at the hearing.
Reasons for Decision:
It was clear from the films that the horse ALL AMERICAN had galloped in excess of 50 metres within the last 200 metres of the race in breach of the applicable Rules and 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: b7e580bb110f5a590120f07f34e77892
informantnumber: A9128
horsename: All American
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/08/2017
hearing_title: Auckland TC 31 August 2017 - R 5 (instigating a protest) - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 5, the McGregor Bailey Chartered Accountants Hcp Trot 2200m, an Information was lodged by Mr Muirhead, instigating a protest against the 5th placed horse ALL AMERICAN. Mr Muirhead alleged that ALL AMERICAN galloped excessively over the final 200m of the race and finished 5th. He said that ALL AMERICAN galloped for approximately 130 metres, finishing 5th and that it was a breach of the Breaking Horse Regulations.
The Judges placings were -
1st Grenado
2nd Majestic One
3rd Secretofthesea Smile
4th Our Petite Lady
5th All American
Rule 870(4) provides 'Any horse which breaks from its gait in any race and-
(a) which fails to promptly regain its proper gait; and/or
(b) which is not taken clear of the field ; and/or
(c) in respect of which all reasonable steps are not taken to return it to its proper gait; and/or
(d) which fails to lose ground by the break:
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.
Breaking Horse Regulations:
(b) 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.
Where a protest has been duly lodged against the placing of the offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870(3) to behind any 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:
Mr Muirhead used the available videos to demonstrate that the horse ALL AMERICAN was making a run on the outside of the field as it neared the 200 metres mark. Approximately 130 metres from the finish the horse went off-stride into a gallop, and continued to gallop to the finish of the race. The horse finished in 5th placing, for which there was allotted stakemoney. Mr Muirhead therefore submitted that the horse ALL AMERICAN should be disqualified from the race.
Mr J Dickie, the driver of the horse ALL AMERICAN and appearing for the connections, had endorsed the Information to the effect that :
(i) he admitted the breach of the Rule
(ii) he did not wish to contest the Protest
(iii) he did not wish to be present at the hearing.
reasonsfordecision:
It was clear from the films that the horse ALL AMERICAN had galloped in excess of 50 metres within the last 200 metres of the race in breach of the applicable Rules and Regulations.
Decision:
ALL AMERICAN was therefore disqualifed from its 5th placing.
The official placings then became:
1st Grenado
2nd Majestic One
3rd Secretofthesea Smile
4th Our Petite Lady
5th Izinthezone
Authority was given for stakemoney to be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(4) and the Breaking Horses Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J Dickie-Driver of All American and representing the connections
StipendSteward:
raceid: 557622df534c0f0eedafc2e1b3d2c54b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5402c43eb0945d36a7047264d8dc92f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/08/2017
meet_title: Auckland TC - 31 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Auckland TC