Banks Peninsula TC 29 December 2019 – R 10 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA12354
Meet Title:
Banks Peninsula TC - 29 December 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2019/12/29
Race Number:
R10
Decision:
The protest is upheld and B D YASOTHON is disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st - 12 Riteur
2nd - 10 Momentous
3rd - 5 Midnight Assassin--
4th - 18 Lovey Dovey Moment
5th - 8 In Sequence
It is ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 10, All Things Harness Racing Handicap Trot, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against B D YASOTHON (MJ Anderson), placed 2nd by the judge, on the ground that it “galloped further than 150 metres in the early stages” in breach of breach of Rule 870(3) and the Breaking Horses Regulation.
Driver, Mr MJ Anderson, representing the connections of B D YASOTHON, had viewed the video replays of the early stages of the race, and the Committee was aware that he did not contest the protest.
Rule 870 provides as follows:
(3)-Any horse which breaks from its gait shall promptly regain its proper gait.
(4)-Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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).
The official placings were:
1st - 12 Riteur
2nd - 4 B D Yasothon
3rd - 10 Momentous
4th - 5 Midnight Assassin--
5th - 18 Lovey Dovey Moment
6th - 8 In Sequence
Submissions for Decision:
Mr Ydgren showed video replays of the first 200-300 metres of the race. He pointed out B D YASOTHON, which had drawn barrier position 4 in the 2810 metres standing start event, trot for the first couple of strides and then go into a gallop, free of interference, and continue on in a gallop for almost 200 metres before settling. B D YASOTHON had eventually finished 2nd in the race.
He sought disqualification of B D YASOTHON from the race.
Reasons for Decision:
The Committee is clearly satisfied from the video evidence that B D YASOTHON had broken from its gait, free of interference, shortly after the start and had continued on in a gallop for a distance clearly in excess of 150 metres, in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Anderson 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: 51e7e66c00baacd2a4f68d05fed4a9de
informantnumber: A12356
horsename: B D YASOTHON
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2019
hearing_title: Banks Peninsula TC 29 December 2019 - R 10 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, All Things Harness Racing Handicap Trot, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against B D YASOTHON (MJ Anderson), placed 2nd by the judge, on the ground that it “galloped further than 150 metres in the early stages” in breach of breach of Rule 870(3) and the Breaking Horses Regulation.
Driver, Mr MJ Anderson, representing the connections of B D YASOTHON, had viewed the video replays of the early stages of the race, and the Committee was aware that he did not contest the protest.
Rule 870 provides as follows:
(3)-Any horse which breaks from its gait shall promptly regain its proper gait.
(4)-Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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).
The official placings were:
1st - 12 Riteur
2nd - 4 B D Yasothon
3rd - 10 Momentous
4th - 5 Midnight Assassin--
5th - 18 Lovey Dovey Moment
6th - 8 In Sequence
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the first 200-300 metres of the race. He pointed out B D YASOTHON, which had drawn barrier position 4 in the 2810 metres standing start event, trot for the first couple of strides and then go into a gallop, free of interference, and continue on in a gallop for almost 200 metres before settling. B D YASOTHON had eventually finished 2nd in the race.
He sought disqualification of B D YASOTHON from the race.
reasonsfordecision:
The Committee is clearly satisfied from the video evidence that B D YASOTHON had broken from its gait, free of interference, shortly after the start and had continued on in a gallop for a distance clearly in excess of 150 metres, in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Anderson did not contest the protest.
Decision:
The protest is upheld and B D YASOTHON is disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st - 12 Riteur
2nd - 10 Momentous
3rd - 5 Midnight Assassin--
4th - 18 Lovey Dovey Moment
5th - 8 In Sequence
It is ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)and Breaking Horses Regulation
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr CP Iggo - Holder of License to Train
StipendSteward:
raceid: 6caa759ad79398155f4076cca168272c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 525a1815b6ddc2d8016f78ad03a8a5da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2019
meet_title: Banks Peninsula TC - 29 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: Banks Peninsula TC