Banks Peninsula TC – 29 December 2015 – R1 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA12139
Meet Title:
Banks Peninsula TC - 29 December 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2015/12/29
Race Number:
R1
Decision:
The protest was upheld and GERSHWIN was disqualified from the race. Consequent upon the disqualification, the amended result for the race was as follows:
1st - 2 - We’ll Meet Again
2nd - 17 - Debaneyre
3rd - 13 - Lynette the Vet
4th - 12 - Lavros Texas
5th - 9 - Early Invasion
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, Phil Murfitt Orthodontist Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against GERSHWIN (R T May) placed 1st by the judge, on the ground that “GERSHWIN galloped in excess of 150 metres in the early stages”.
Mr May had endorsed on the information form and signed “I do not contest the disqualification of Gershwin”.
Mr Ydgren confirmed that Mr May did not wish to be present at the hearing.
The judge’s official placings for the race were:
1st - 5 - Gershwin
2nd - 2 - We’ll Meet Again
3rd - 17 - Debaneyre
4th - 13 - Lynette the Vet
5th - 12 - Lavros Texas
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 Ydgren showed a video replay of the start of the race, a standing start 2170 metres race for c0 trotters. He pointed out GERSHWIN, driven by Mr May, drawn at barrier position 4 on the front row. When the tape was released, GERSHWIN went away in a gallop and continued on in a gallop for a distance in excess of 150 metres, between 200 and 250 metres Mr Ydgren submitted, before settling into a trot.
Reasons for Decision:
The Committee was satisfied that GERSHWIN had broken from its gait at the start of the race and had continued on in a gallop for a distance in excess of 200 metres in breach of the Breaking Horse Regulation and Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that Mr May, the driver of GERSHWIN, did not contest the protest.
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: 375602f16a381c37ef6153cb76009031
informantnumber: A6742
horsename: GERSHWIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2015
hearing_title: Banks Peninsula TC - 29 December 2015 - R1 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Phil Murfitt Orthodontist Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against GERSHWIN (R T May) placed 1st by the judge, on the ground that “GERSHWIN galloped in excess of 150 metres in the early stages”.
Mr May had endorsed on the information form and signed “I do not contest the disqualification of Gershwin”.
Mr Ydgren confirmed that Mr May did not wish to be present at the hearing.
The judge’s official placings for the race were:
1st - 5 - Gershwin
2nd - 2 - We’ll Meet Again
3rd - 17 - Debaneyre
4th - 13 - Lynette the Vet
5th - 12 - Lavros Texas
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 Ydgren showed a video replay of the start of the race, a standing start 2170 metres race for c0 trotters. He pointed out GERSHWIN, driven by Mr May, drawn at barrier position 4 on the front row. When the tape was released, GERSHWIN went away in a gallop and continued on in a gallop for a distance in excess of 150 metres, between 200 and 250 metres Mr Ydgren submitted, before settling into a trot.
reasonsfordecision:
The Committee was satisfied that GERSHWIN had broken from its gait at the start of the race and had continued on in a gallop for a distance in excess of 200 metres in breach of the Breaking Horse Regulation and Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that Mr May, the driver of GERSHWIN, did not contest the protest.
Decision:
The protest was upheld and GERSHWIN was disqualified from the race. Consequent upon the disqualification, the amended result for the race was as follows:
1st - 2 - We’ll Meet Again
2nd - 17 - Debaneyre
3rd - 13 - Lynette the Vet
4th - 12 - Lavros Texas
5th - 9 - Early Invasion
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 NM Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr RT May - Licensed Open Horseman
StipendSteward:
raceid: e99b5d1df89f6c1e25cd414342ce4add
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 82c19b28f34eb7e48405f224f0603a39
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2015
meet_title: Banks Peninsula TC - 29 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: Banks Peninsula TC