Archive Decision

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Banks Peninsula TC 17 April 2017 – R 9 (instigating a Protest) Chair, Mr R McKenzie

ID: JCA14525

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
A R Garters, Holder of Licence to Train

Information Number:
A6289

Hearing Type:
Protest

Rules:
870(3) & Breaking Horses Regulation

Meet Title:
Banks Peninsula TC - 17 April 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2017/04/17

Race Number:
R9

Decision:

The protest was upheld and MOMENTOUS was disqualified from the race. As a consequence of its disqualification from 4th placing, the amended result for the race is:

1st 12 McLovin
2nd  6 Solar Storm
3rd  1 We’ll Meet Again
4th  3 Sarah Palin
5th  5 Xmas Joyella

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

Facts:

Following the running of Race 9, Eric Inwood Memorial Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against MOMENTOUS (S J Ottley) placed 4th by the judge, on the ground that it “galloped excessively at the start”. The information incorrectly showed the Race number as 10.

Miss S J Ottley, driver of MOMENTOUS, on behalf of the Respondent, had signed the information form and had endorsed on it “I do not contest disqualification”.

The judge’s official placings for the race were:

1st 12 McLovin
2nd  6 Solar Storm
3rd   1 We’ll Meet Again
4th   4 Momentous
5th   3 Sarah Palin

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horses Regulation provides as follows:

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).

Submissions for Decision:

Mr Renault showed video replays of the first 200 metres of the race, a standing start trot over the distance of 2810 metres. He pointed out MOMENTOUS, driven by Miss Ottley, which had drawn barrier position 4 on the front row. The horse broke when the barrier was released, free of interference, and continued to gallop and did not return to its proper gait for, Mr Renault alleged, approximately 180 metres, with reference to a marker on the track.

MOMENTOUS regained its proper gait and went on to finish in 4th placing.

Mr Renault sought disqualification of MOMENTOUS.

Reasons for Decision:

The Committee was satisfied that MOMENTOUS had gone into a break, free of interference, when the barrier tape was released and had continued on in a gallop for a distance clearly in excess of the 150 metres. In terms of the Breaking Horses Regulation, the horse had therefore failed to regain its proper gait in breach of Rule 870 (3).

The Committee also noted that Miss Ottley did not contest the disqualification of the horse.

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: 8e45e714d13c476f2efd86e0eb9ead8f


informantnumber: A6289


horsename: Momentous


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 20/04/2017


hearing_title: Banks Peninsula TC 17 April 2017 - R 9 (instigating a Protest) Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 9, Eric Inwood Memorial Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against MOMENTOUS (S J Ottley) placed 4th by the judge, on the ground that it “galloped excessively at the start”. The information incorrectly showed the Race number as 10.

Miss S J Ottley, driver of MOMENTOUS, on behalf of the Respondent, had signed the information form and had endorsed on it “I do not contest disqualification”.

The judge’s official placings for the race were:

1st 12 McLovin
2nd  6 Solar Storm
3rd   1 We’ll Meet Again
4th   4 Momentous
5th   3 Sarah Palin

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horses Regulation provides as follows:

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).


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault showed video replays of the first 200 metres of the race, a standing start trot over the distance of 2810 metres. He pointed out MOMENTOUS, driven by Miss Ottley, which had drawn barrier position 4 on the front row. The horse broke when the barrier was released, free of interference, and continued to gallop and did not return to its proper gait for, Mr Renault alleged, approximately 180 metres, with reference to a marker on the track.

MOMENTOUS regained its proper gait and went on to finish in 4th placing.

Mr Renault sought disqualification of MOMENTOUS.


reasonsfordecision:

The Committee was satisfied that MOMENTOUS had gone into a break, free of interference, when the barrier tape was released and had continued on in a gallop for a distance clearly in excess of the 150 metres. In terms of the Breaking Horses Regulation, the horse had therefore failed to regain its proper gait in breach of Rule 870 (3).

The Committee also noted that Miss Ottley did not contest the disqualification of the horse.


Decision:

The protest was upheld and MOMENTOUS was disqualified from the race. As a consequence of its disqualification from 4th placing, the amended result for the race is:

1st 12 McLovin
2nd  6 Solar Storm
3rd  1 We’ll Meet Again
4th  3 Sarah Palin
5th  5 Xmas Joyella

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) & Breaking Horses Regulation


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: A R Garters, Holder of Licence to Train


StipendSteward:


raceid: bf9e761e90a3f935364bd24b6c218512


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: 360df2f6e9ceea4b1fb65264c8ee7547


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/04/2017


meet_title: Banks Peninsula TC - 17 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Banks Peninsula TC