Banks Peninsula TC 27 January 2013 – R 12 (instigating a protest)
ID: JCA15009
Meet Title:
Banks Peninsula TC - 27 January 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/01/27
Race Number:
R12
Decision:
The protest was upheld and “Franco Nattai” was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st The Brigadier (5)
2nd Stylish Babe (3)
3rd Cabo Wabo (12)
4th Cullens Spirit (1)
5th Miss Lisa (13)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 12, the More FM Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr NM Ydgren, against “Franco Nattai” (B H Cusdin), placed 2nd by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judges' official placings in this race were as follows:
1st The Brigadier (5)
2nd Franco Nattai (2)
3rd Stylish Babe (3)
4th Cabo Wabo (12)
5th Cullen’s Spirit (1)
6th Miss Lisa (13)
The Information reads as follows:
“That horse number 2, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations in that “Franco Nattai” broke in excess of 50m inside the final 200m when placed (2nd).”
Rule 870(3) provides as follows:
“(3) Any horse who 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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed a video replay of the last 200m of the race. He pointed out “Franco Nattai”, driven by Mr Cusdin, inside the 200m when in contention for first place and racing on the inside of “The Brigadier”, go into a break outside the 50m mark and continue in a break until the winning post finishing in 2nd place. Mr Ydgren submitted that “Franco Nattai” had been in a break for at least 60m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of “Franco Nattai”.
Mr Cusdin submitted that “Franco Nattai” had only be pacing rough prior to the 50m mark but after viewing the video films conceded that “Franco Nattai” was in a full gallop prior to the 50m point.
Reasons for Decision:
The video replays of the incident were conclusive in showing that “Franco Nattai” was in a full gallop prior to the 50m and had galloped for approximately 60m. The Committee were satisfied that “Franco Nattai” was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
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: 99cd5723e9797a33486c02a32b083e56
informantnumber: A4962
horsename: Franco Nattai
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/01/2013
hearing_title: Banks Peninsula TC 27 January 2013 - R 12 (instigating a protest)
charge:
facts:
Following the running of Race 12, the More FM Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr NM Ydgren, against “Franco Nattai” (B H Cusdin), placed 2nd by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judges' official placings in this race were as follows:
1st The Brigadier (5)
2nd Franco Nattai (2)
3rd Stylish Babe (3)
4th Cabo Wabo (12)
5th Cullen’s Spirit (1)
6th Miss Lisa (13)
The Information reads as follows:
“That horse number 2, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations in that “Franco Nattai” broke in excess of 50m inside the final 200m when placed (2nd).”
Rule 870(3) provides as follows:
“(3) Any horse who 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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed a video replay of the last 200m of the race. He pointed out “Franco Nattai”, driven by Mr Cusdin, inside the 200m when in contention for first place and racing on the inside of “The Brigadier”, go into a break outside the 50m mark and continue in a break until the winning post finishing in 2nd place. Mr Ydgren submitted that “Franco Nattai” had been in a break for at least 60m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of “Franco Nattai”.
Mr Cusdin submitted that “Franco Nattai” had only be pacing rough prior to the 50m mark but after viewing the video films conceded that “Franco Nattai” was in a full gallop prior to the 50m point.
reasonsfordecision:
The video replays of the incident were conclusive in showing that “Franco Nattai” was in a full gallop prior to the 50m and had galloped for approximately 60m. The Committee were satisfied that “Franco Nattai” was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
Decision:
The protest was upheld and “Franco Nattai” was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st The Brigadier (5)
2nd Stylish Babe (3)
3rd Cabo Wabo (12)
4th Cullens Spirit (1)
5th Miss Lisa (13)
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 Regulations
Informant: N M Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: B H Cusdin-Graduation Horseman
StipendSteward:
raceid: 87ebe61e6f423c6ec290e7869748a70b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2008f6815882fdd583e9ee34fafcd7bd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2013
meet_title: Banks Peninsula TC - 27 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC