Auckland TC 7 July 2017 – R 5 (instigating a protest) – Chair, Mr B Scott
ID: JCA17266
Meet Title:
Auckland TC - 7 July 2017
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2017/07/07
Race Number:
R5
Decision:
The Protest is dismissed and the Judge's placings stand and dividends and stakes are to be paid in accordance with those placings.
Facts:
Following the running of the BRIAN MACKEY MEMORIAL HANDICAP TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the second placing of GERSHWIN on the grounds that it broke from its gait in excess of 150 metres when rounding the first bend.
Rule 870(3) provides: that any horse which breaks from its proper gait during a race must promptly return to its correct gait.
The Breaking Horses Regulations part (a) provides: that any horse which breaks from its gait 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.
Mr TW Mitchell the driver of GERSHWIN was present at the Hearing and advised the Committee that the Protest was contested. Mr IH MacKay a part owner of GERSHWIN was also present and he confirmed Mr Mitchell's statement.
Submissions for Decision:
Mr Mulcay demonstrated the incident by use of the race films and showed where GERSHWIN broke heading into the first bend and it galloped in excess of 150 metres.
He said that the point at issue was whether GERSHWIN had regained its gait (even for a few strides) during that period. He showed where GERSHWIN may have regained its gait and said it appeared to be trotting in front. He said it settled in the latter part of the gallop and was fine from there.
Mr Mitchell used the race films to attempt to show that GERSHWIN trotted for 2 or 3 strides in the middle of the gallop. He said that this was clearly shown on the back on film. He said that the horse quite clearly regained its gait even if for a few strides.
Mr Mulcay said that he would leave it to the Committee to decide whether GERSHWIN had regained its proper gait even if for a few strides. He said that if the Committee so found then that would not be a continuous break as required by the Regulations but rather 2 separate breaks.
Reasons for Decision:
The Committee viewed the race films (all angles) several times. There was only a small window to look at because if GERSHWIN had regained its gait then it was only for 3 or 4 strides and that would have resulted in 2 separate breaks and not a continuous one as required by the regulations.
In the end and after looking at the films very carefully we determined that GERSHWIN had in fact regained its proper gait for 4 or 5 strides and therefore the Protest should be dismissed.
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: f22a2e40744af77bf5954359c952413e
informantnumber: A9120
horsename: GERSHWIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/07/2017
hearing_title: Auckland TC 7 July 2017 - R 5 (instigating a protest) - Chair, Mr B Scott
charge:
facts:
Following the running of the BRIAN MACKEY MEMORIAL HANDICAP TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the second placing of GERSHWIN on the grounds that it broke from its gait in excess of 150 metres when rounding the first bend.
Rule 870(3) provides: that any horse which breaks from its proper gait during a race must promptly return to its correct gait.
The Breaking Horses Regulations part (a) provides: that any horse which breaks from its gait 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.
Mr TW Mitchell the driver of GERSHWIN was present at the Hearing and advised the Committee that the Protest was contested. Mr IH MacKay a part owner of GERSHWIN was also present and he confirmed Mr Mitchell's statement.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay demonstrated the incident by use of the race films and showed where GERSHWIN broke heading into the first bend and it galloped in excess of 150 metres.
He said that the point at issue was whether GERSHWIN had regained its gait (even for a few strides) during that period. He showed where GERSHWIN may have regained its gait and said it appeared to be trotting in front. He said it settled in the latter part of the gallop and was fine from there.
Mr Mitchell used the race films to attempt to show that GERSHWIN trotted for 2 or 3 strides in the middle of the gallop. He said that this was clearly shown on the back on film. He said that the horse quite clearly regained its gait even if for a few strides.
Mr Mulcay said that he would leave it to the Committee to decide whether GERSHWIN had regained its proper gait even if for a few strides. He said that if the Committee so found then that would not be a continuous break as required by the Regulations but rather 2 separate breaks.
reasonsfordecision:
The Committee viewed the race films (all angles) several times. There was only a small window to look at because if GERSHWIN had regained its gait then it was only for 3 or 4 strides and that would have resulted in 2 separate breaks and not a continuous one as required by the regulations.
In the end and after looking at the films very carefully we determined that GERSHWIN had in fact regained its proper gait for 4 or 5 strides and therefore the Protest should be dismissed.
Decision:
The Protest is dismissed and the Judge's placings stand and dividends and stakes are to be paid in accordance with those placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3) and the Breaking Horses Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: TW Mitchell - driver of GERSHWIN, Mr I H MacKay - part owner of GERSHWIN
Respondent: Mr T W Mitchell - Driver of GERSHWIN
StipendSteward:
raceid: 06928fe8a8877dc9a5b31688866eaa6f
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: e57569b598c0ce3638c0db93de5913e1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/07/2017
meet_title: Auckland TC - 7 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC