Archive Decision

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Banks Peninsula TC 29 January 2017 – R 3 (instigating a Protest) – Chair, Mr R McKenzie

ID: JCA11997

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
M P Edmonds, Licensed Open Horseman

Information Number:
A6276

Hearing Type:
Protest

Rules:
870(3)& Breaking Horses Regulation

Meet Title:
Banks Peninsula TC - 29 January 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2017/01/29

Race Number:
R3

Decision:

The protest was upheld and KAI TIME was disqualified. Consequent upon the disqualification, the amended result for the race is as follows:

1st 7 Holly Trouble
2nd 3 Prince George
3rd 13 Sunny Glenis
4th 2 Aveross Don
5th 5 Princess Harbour

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

Facts:

Following the running of Race 3, Canterbury Copy Services Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against KAI TIME (9), driven by M P Edmonds, placed 4th by the judge on the ground that it “broke in excess of 150 metres during the running”.

Mr Edmonds was present at the hearing of the information and, after viewing the video replay in the presence of the Committee, he indicated that he did not contest the protest.

The official placings were:

1st   7 Holly Trouble
2nd  3 Prince George
3rd 13 Sunny Glenis
4th   9 Kai Time
5th   2 Aveross Don

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).

Mr Renault showed a video replay of the early stages of the race. He pointed out that, passing the marker peg on the inside of the track marking the distance 100 metres from the finishing line, KAI TIME went into a gallop and continued on in a gallop past the winning post and for a further distance beyond that – a total distance of well in excess of 150 metres, losing considerable ground. The horse then regained its proper gait, caught the field and went on to finish in 4th placing in the race.

Submissions for Decision:

The Committee was satisfied from the video evidence that KAI TIME had broken from its gait, free of interference, approximately 100 metres from the finishing line the first time and had continued on in a gallop or a considerable distance beyond the finishing line. The Committee was clearly satisfied that KAI TIME had galloped for a distance in excess of 150 metres in total and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.

The Committee also noted that Mr Edmonds had appeared at the hearing and did not contest the protest. 

Reasons for Decision:

The Committee was satisfied from the video evidence that KAI TIME had broken from its gait, free of interference, approximately 100 metres from the finishing line the first time and had continued on in a gallop or a considerable distance beyond the finishing line. The Committee was clearly satisfied that KAI TIME had galloped for a distance in excess of 150 metres in total and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.

The Committee also noted that Mr Edmonds had appeared at the hearing and 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: 2ef9dd948351630fccbb5bb79c41508f


informantnumber: A6276


horsename: Kai Time


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 31/01/2017


hearing_title: Banks Peninsula TC 29 January 2017 - R 3 (instigating a Protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, Canterbury Copy Services Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against KAI TIME (9), driven by M P Edmonds, placed 4th by the judge on the ground that it “broke in excess of 150 metres during the running”.

Mr Edmonds was present at the hearing of the information and, after viewing the video replay in the presence of the Committee, he indicated that he did not contest the protest.

The official placings were:

1st   7 Holly Trouble
2nd  3 Prince George
3rd 13 Sunny Glenis
4th   9 Kai Time
5th   2 Aveross Don

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).

Mr Renault showed a video replay of the early stages of the race. He pointed out that, passing the marker peg on the inside of the track marking the distance 100 metres from the finishing line, KAI TIME went into a gallop and continued on in a gallop past the winning post and for a further distance beyond that – a total distance of well in excess of 150 metres, losing considerable ground. The horse then regained its proper gait, caught the field and went on to finish in 4th placing in the race.


appealdecision:


isappeal:


submissionsfordecision:

The Committee was satisfied from the video evidence that KAI TIME had broken from its gait, free of interference, approximately 100 metres from the finishing line the first time and had continued on in a gallop or a considerable distance beyond the finishing line. The Committee was clearly satisfied that KAI TIME had galloped for a distance in excess of 150 metres in total and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.

The Committee also noted that Mr Edmonds had appeared at the hearing and did not contest the protest. 


reasonsfordecision:

The Committee was satisfied from the video evidence that KAI TIME had broken from its gait, free of interference, approximately 100 metres from the finishing line the first time and had continued on in a gallop or a considerable distance beyond the finishing line. The Committee was clearly satisfied that KAI TIME had galloped for a distance in excess of 150 metres in total and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.

The Committee also noted that Mr Edmonds had appeared at the hearing and did not contest the protest.


Decision:

The protest was upheld and KAI TIME was disqualified. Consequent upon the disqualification, the amended result for the race is as follows:

1st 7 Holly Trouble
2nd 3 Prince George
3rd 13 Sunny Glenis
4th 2 Aveross Don
5th 5 Princess Harbour

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: M P Edmonds, Licensed Open Horseman


Respondent: M P Edmonds, Licensed Open Horseman


StipendSteward:


raceid: 916e83872144703852d0072a1ed4ecdb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0281723f7b7a6434f639873ef418cd7a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/01/2017


meet_title: Banks Peninsula TC - 29 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Banks Peninsula TC