Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Cheviot HRC 5 March 2017 – R 3 (Instigating a Protest) Chair, Mr R McKenzie

ID: JCA16430

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
G P & N M Hope

Information Number:
A6282

Hearing Type:
Protest

Rules:
870(3) & Breaking Horses Regulation

Meet Title:
Cheviot HRC - 5 March 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2017/03/05

Race Number:
R3

Decision:

The protest was upheld and DAIQUIRI was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st    1 Agatha Tyron
2nd 13 Menewa
3rd    2 The Foot Tapper
4th  12 Shadow Galleon
5th    7 Chivasion
6th    5 Rollin Thunder

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

Facts:

Following the running of Race 3, Magpies Rest Café – Rural Livestock Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against DAIQUIRI (R T McIlwrick), placed 3rd by the judge, on the ground that it “galloped in excess of 50 metres in the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr R T McIlwrick, representing the connections of DAIQUIRI, had endorsed and signed the information form “I do not contest the disqualification”.

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 within the final 200 metres of any race and continues on in the break for a distance of 50 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    1 Agatha Tyron
2nd 13 Menewa
3rd    6 Daiquiri
4th    2 The Foot Tapper
5th  12 Shadow Galleon
6th    7 Chivasion

Submissions for Decision:

Mr Renault showed a video replay of the final 300 metres of the race and pointed out DAIQUIRI pull out from the trail behind the leader and, when challenging for the lead inside the final 200 metres, go into a gallop and continue on in a gallop to the finishing line, eventually finishing in 3rd placing. Mr Renault, by reference to the 50 metres marker on the inside of the track, alleged that DAIQUIRI had galloped for approximately 80-90 metres.

He sought disqualification of DAIQUIRI from the race.

Reasons for Decision:

The Committee was clearly satisfied from the video evidence that DAIQUIRI had broken from its gait, free of interference, at least 80 metres from the finish and had continued on in a gallop to the finishing line in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr McIlwrick 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: b422d40f620fd186de350db461a686db


informantnumber: A6282


horsename: Daiquiri


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/03/2017


hearing_title: Cheviot HRC 5 March 2017 - R 3 (Instigating a Protest) Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, Magpies Rest Café – Rural Livestock Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against DAIQUIRI (R T McIlwrick), placed 3rd by the judge, on the ground that it “galloped in excess of 50 metres in the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr R T McIlwrick, representing the connections of DAIQUIRI, had endorsed and signed the information form “I do not contest the disqualification”.

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 within the final 200 metres of any race and continues on in the break for a distance of 50 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    1 Agatha Tyron
2nd 13 Menewa
3rd    6 Daiquiri
4th    2 The Foot Tapper
5th  12 Shadow Galleon
6th    7 Chivasion


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault showed a video replay of the final 300 metres of the race and pointed out DAIQUIRI pull out from the trail behind the leader and, when challenging for the lead inside the final 200 metres, go into a gallop and continue on in a gallop to the finishing line, eventually finishing in 3rd placing. Mr Renault, by reference to the 50 metres marker on the inside of the track, alleged that DAIQUIRI had galloped for approximately 80-90 metres.

He sought disqualification of DAIQUIRI from the race.


reasonsfordecision:

The Committee was clearly satisfied from the video evidence that DAIQUIRI had broken from its gait, free of interference, at least 80 metres from the finish and had continued on in a gallop to the finishing line in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr McIlwrick did not contest the protest. 


Decision:

The protest was upheld and DAIQUIRI was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st    1 Agatha Tyron
2nd 13 Menewa
3rd    2 The Foot Tapper
4th  12 Shadow Galleon
5th    7 Chivasion
6th    5 Rollin Thunder

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:


Respondent: G P & N M Hope


StipendSteward:


raceid: 469ec998e24e24c778434be4386bf7a1


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: f7f0cf40f4fc52fe93cd03a79ad9a79a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/03/2017


meet_title: Cheviot HRC - 5 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cheviot-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Cheviot HRC