Auckland TC 4 December 2020 – R 9 (instigating a protest) – Chair, Mr G Jones
ID: JCA11436
Meet Title:
Auckland TC - 4 December 2020
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2020/12/04
Race Number:
R9
Decision:
CALL ME TROUBLE is disqualified from 1st placing.
An order is made for the payment of stakes and dividends in accordance with the amended placings, which are as follows:
1st No 2 KELVINZ LUCK
2nd No 7 RAIN MIST AND MUSCLE
3rd No 1 WANNA SNUGGLE
4th No 6 HORACE HORSE
Facts:
This is a contested protest arising from the running of Race 9 the Asphaltech – The Loose Lap Handicap Trot 2700m. The protest was instigated by Stipendiary Steward Mr Muirhead, who alleged that the 1st placed CALL ME TROUBLE broke in excess of 150 metres during the running.
Mr Z Butcher the trainer and driver of CALL ME TROUBLE was present at the hearing. He endorsed the Information “I do not admit the breach of the rule” and confirmed this at the commencement of the hearing.
The provisional Judge's places were:
1st No 5 CALL ME TROUBLE
2nd No 2 KELVINZ LUCK
3rd No 7 RAIN MIST AND MUSCLE
4th No 1 WANNA SNUGGLE
5th No 6 HORACE HORSE
The Breaking Horse Rules and Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse which breaks from its gait in any race and (a) which fails to promptly regain its proper gait 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.
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.
Breaking Regulations
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 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 proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(ii) disqualify it from the race under Rule 1003(2).
Submissions for Decision:
At the commencement of the hearing Mr Muirhead outlined the key elements of Rule 870(3).
Mr Muirhead submitted that approaching the 2300-metre mark CALL ME TROUBLE was leading when it broke and continued in a gallop for more than 150 metres. Using the available race films Mr Muirhead demonstrated the breach and counted the markers between where CALL ME TROUBLE broke (near the 2300 metre mark) and where it regained its gait. He pointed out that the distance from where CALL ME TROUBLE first broke to the start of the passing lane was 100 metres, and then it continued in a break for a further 60 metres. He submitted that CALL ME TROUBLE should be disqualified in accordance with rule 870(3) and Breaking Horse Regulations.
Mr Butcher submitted that he agreed that it was 100 metres from where CALL ME TROUBLE broke to the start of the passing lane. Although he accepted his horse galloped for “something like 150 metres” he argued that nearing the 150 metre mark his horse had its head turned, it was racing awkwardly but may have regained its correct gait. He further submitted that even if the Committee finds that CALL ME TROUBLE did gallop for more than 150 metres it did not gain an advantage and it was the favourite for the race.
Reasons for Decision:
The supporting race films clearly identify that CALL ME TROUBLE went into a break nearing the 2300 metre mark (on the bend entering the home straight for the first occasion) when racing in the lead and free of interference. Using the marker pegs as a guide, the Committee estimated that CALL ME TROUBLE continued in a break for at least 160 metres. On that basis we find that CALL ME TROUBLE is in breach of the relevant Rule and Breaking Horse Regulations and the protest is therefore 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: 27dd68331be456d63d4536dddd818c9d
informantnumber: A12976
horsename: CALL ME TROUBLE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/12/2020
hearing_title: Auckland TC 4 December 2020 - R 9 (instigating a protest) – Chair, Mr G Jones
charge:
facts:
This is a contested protest arising from the running of Race 9 the Asphaltech – The Loose Lap Handicap Trot 2700m. The protest was instigated by Stipendiary Steward Mr Muirhead, who alleged that the 1st placed CALL ME TROUBLE broke in excess of 150 metres during the running.
Mr Z Butcher the trainer and driver of CALL ME TROUBLE was present at the hearing. He endorsed the Information “I do not admit the breach of the rule” and confirmed this at the commencement of the hearing.
The provisional Judge's places were:
1st No 5 CALL ME TROUBLE
2nd No 2 KELVINZ LUCK
3rd No 7 RAIN MIST AND MUSCLE
4th No 1 WANNA SNUGGLE
5th No 6 HORACE HORSE
The Breaking Horse Rules and Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse which breaks from its gait in any race and (a) which fails to promptly regain its proper gait 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.
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.
Breaking Regulations
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 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 proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(ii) disqualify it from the race under Rule 1003(2).
appealdecision:
isappeal:
submissionsfordecision:
At the commencement of the hearing Mr Muirhead outlined the key elements of Rule 870(3).
Mr Muirhead submitted that approaching the 2300-metre mark CALL ME TROUBLE was leading when it broke and continued in a gallop for more than 150 metres. Using the available race films Mr Muirhead demonstrated the breach and counted the markers between where CALL ME TROUBLE broke (near the 2300 metre mark) and where it regained its gait. He pointed out that the distance from where CALL ME TROUBLE first broke to the start of the passing lane was 100 metres, and then it continued in a break for a further 60 metres. He submitted that CALL ME TROUBLE should be disqualified in accordance with rule 870(3) and Breaking Horse Regulations.
Mr Butcher submitted that he agreed that it was 100 metres from where CALL ME TROUBLE broke to the start of the passing lane. Although he accepted his horse galloped for “something like 150 metres” he argued that nearing the 150 metre mark his horse had its head turned, it was racing awkwardly but may have regained its correct gait. He further submitted that even if the Committee finds that CALL ME TROUBLE did gallop for more than 150 metres it did not gain an advantage and it was the favourite for the race.
reasonsfordecision:
The supporting race films clearly identify that CALL ME TROUBLE went into a break nearing the 2300 metre mark (on the bend entering the home straight for the first occasion) when racing in the lead and free of interference. Using the marker pegs as a guide, the Committee estimated that CALL ME TROUBLE continued in a break for at least 160 metres. On that basis we find that CALL ME TROUBLE is in breach of the relevant Rule and Breaking Horse Regulations and the protest is therefore upheld.
Decision:
CALL ME TROUBLE is disqualified from 1st placing.
An order is made for the payment of stakes and dividends in accordance with the amended placings, which are as follows:
1st No 2 KELVINZ LUCK
2nd No 7 RAIN MIST AND MUSCLE
3rd No 1 WANNA SNUGGLE
4th No 6 HORACE HORSE
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Mulcay - Senior Stipendiary Steward, Mr Z Butcher - Licensed Trainer and driver of CALL ME TROUBLE
Respondent: Mr Z Butcher - Licensed Trainer and driver of CALL ME TROUBLE
StipendSteward:
raceid: c74353da41a35b3d0d73f5da7d7c497f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 12bacfd60d5c488f1b0ebb7c76da07af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/12/2020
meet_title: Auckland TC - 4 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC