Banks Peninsula TC 23 November 2014 – R 11 (instigating a protest)
ID: JCA12980
Meet Title:
Banks Peninsula TC - 23 November 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/11/23
Race Number:
R11
Decision:
The protest was upheld and FORTUNATELY was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 3 Izhebad
2nd 2 Pandora’s Hope
3rd 11 Franco Hepburn
4th 4 Dalness
5th 6 Firebreak
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 11, Dave Warrington Memorial/HSW Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against Holder of Licence to Train, Mr K B Ford, trainer of FORTUNATELY, placed 3rd in the race, alleging that “FORTUNATELY galloped in excess of 150 metres in the early stages”.
Mr Ford was present at the hearing of the information and he indicated that the protest was contested.
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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869A) such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
The judge’s placings were as follows:
1st 3 Izhebad
2nd 2 Pandora’s Hope
3rd 7 Fortunately
4th11 Franco Hepburn
5th 4 Dalness
Submissions for Decision:
Mr Renault showed video replays of the start of the 2000 metres mobile start race. He pointed out FORTUNATELY (A J Tomlinson), drawn barrier 7 on the front row. Shortly after the start, the horse “jumped” and went into a break. Stewards were of the view that the horse then galloped for a distance of approximately 180 metres, before returning to a pace. Mr Renault told the Committee that Mr Ford believed that the horse had jumped a piece of paper on the track.
With reference to the video replays, Mr Renault was able to point out a white “betting slip” on the track which FORTUNATELY had run over, still in a pace, and further on a plastic bag on the outside of the track. Mr Renault said that the Stewards did not believe that either of those items had affected FORTUNATELY and caused it to break. Mr Renault did concede that the horse appeared to “jump”.
Mr Ford accepted that FORTUNATELY had galloped for a distance in excess of 150 metres but he was contesting the protest, he said, relying on the proviso to the Regulation – that is to say, he was claiming that the mare had suffered interference which had caused her to break.
Mr Ford submitted that the horse had jumped something. In all of the mare’s previous starts (the Committee noted that she was having her 73rd start from behind the mobile), she had never done anything similar. He was informed after the race by two senior drivers and by the driver of the mobile start vehicle that there had been paper on the track. He conceded that it could not be asserted exactly what it was that the mare had jumped.
Reasons for Decision:
It was not disputed by Mr Ford that FORTUNATELY had breached the provisions of the Breaking Horses Regulation in that she had broken from her gait at the start of the race and had continued on in a break for a distance of 150 metres or greater. The Committee was clearly satisfied that this was the case from its observation of the video replays.
The Committee was, therefore, required to disqualify FORTUNATELY from the race unless it was satisfied that it was not in its correct gait as a result of “interference”. Interference can take a number of forms and, had the Committee been satisfied that the mare had broken as a result of something on the track – in this case, a betting slip or a plastic bag – then that could have constituted “interference”, thus bringing into play the proviso to the Regulation and giving the Committee a discretion as to whether to disqualify the horse.
However, the Committee was not satisfied to the required standard, on the balance of probabilities, that the breaking of FORTUNATELY could be attributed to any obstacle on the track. There was clear evidence on the video replays that there were at least two potential obstacles on the track – one was a betting slip which FORTUNATELY had run over some 4-5 strides prior to her breaking and, the other, a plastic bag which was some distance away from her, in front of the horse that had drawn barrier position 9 on the front row of the mobile gate. We found, as a matter of fact, that the mare was unlikely to have been affected by that.
The Committee was, therefore, not satisfied that FORTUNATELY was not in its correct gait as a result of interference. The mare having galloped for a distance of 150 metres or greater, free of interference, the Committee was required to disqualify her from the race.
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: 70fc4204b1ae41ea5afcb3b2628265e7
informantnumber: A6494
horsename: Fortunately
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/11/2014
hearing_title: Banks Peninsula TC 23 November 2014 - R 11 (instigating a protest)
charge:
facts:
Following the running of Race 11, Dave Warrington Memorial/HSW Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against Holder of Licence to Train, Mr K B Ford, trainer of FORTUNATELY, placed 3rd in the race, alleging that “FORTUNATELY galloped in excess of 150 metres in the early stages”.
Mr Ford was present at the hearing of the information and he indicated that the protest was contested.
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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869A) such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
The judge’s placings were as follows:
1st 3 Izhebad
2nd 2 Pandora’s Hope
3rd 7 Fortunately
4th11 Franco Hepburn
5th 4 Dalness
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the start of the 2000 metres mobile start race. He pointed out FORTUNATELY (A J Tomlinson), drawn barrier 7 on the front row. Shortly after the start, the horse “jumped” and went into a break. Stewards were of the view that the horse then galloped for a distance of approximately 180 metres, before returning to a pace. Mr Renault told the Committee that Mr Ford believed that the horse had jumped a piece of paper on the track.
With reference to the video replays, Mr Renault was able to point out a white “betting slip” on the track which FORTUNATELY had run over, still in a pace, and further on a plastic bag on the outside of the track. Mr Renault said that the Stewards did not believe that either of those items had affected FORTUNATELY and caused it to break. Mr Renault did concede that the horse appeared to “jump”.
Mr Ford accepted that FORTUNATELY had galloped for a distance in excess of 150 metres but he was contesting the protest, he said, relying on the proviso to the Regulation – that is to say, he was claiming that the mare had suffered interference which had caused her to break.
Mr Ford submitted that the horse had jumped something. In all of the mare’s previous starts (the Committee noted that she was having her 73rd start from behind the mobile), she had never done anything similar. He was informed after the race by two senior drivers and by the driver of the mobile start vehicle that there had been paper on the track. He conceded that it could not be asserted exactly what it was that the mare had jumped.
reasonsfordecision:
It was not disputed by Mr Ford that FORTUNATELY had breached the provisions of the Breaking Horses Regulation in that she had broken from her gait at the start of the race and had continued on in a break for a distance of 150 metres or greater. The Committee was clearly satisfied that this was the case from its observation of the video replays.
The Committee was, therefore, required to disqualify FORTUNATELY from the race unless it was satisfied that it was not in its correct gait as a result of “interference”. Interference can take a number of forms and, had the Committee been satisfied that the mare had broken as a result of something on the track – in this case, a betting slip or a plastic bag – then that could have constituted “interference”, thus bringing into play the proviso to the Regulation and giving the Committee a discretion as to whether to disqualify the horse.
However, the Committee was not satisfied to the required standard, on the balance of probabilities, that the breaking of FORTUNATELY could be attributed to any obstacle on the track. There was clear evidence on the video replays that there were at least two potential obstacles on the track – one was a betting slip which FORTUNATELY had run over some 4-5 strides prior to her breaking and, the other, a plastic bag which was some distance away from her, in front of the horse that had drawn barrier position 9 on the front row of the mobile gate. We found, as a matter of fact, that the mare was unlikely to have been affected by that.
The Committee was, therefore, not satisfied that FORTUNATELY was not in its correct gait as a result of interference. The mare having galloped for a distance of 150 metres or greater, free of interference, the Committee was required to disqualify her from the race.
Decision:
The protest was upheld and FORTUNATELY was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 3 Izhebad
2nd 2 Pandora’s Hope
3rd 11 Franco Hepburn
4th 4 Dalness
5th 6 Firebreak
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: Mr S P Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: K B Ford, Holder of Licence to Train
StipendSteward:
raceid: d7c346df952fea46853c256999a1180b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8b7cdcdac1350bd898e5ab0858579027
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/11/2014
meet_title: Banks Peninsula TC - 23 November 2014
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