Archive Decision

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Forbury Park TC 10 May 2018 – R 1 (instigating a protest) – Chair, Prof G Hall

ID: JCA12734

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Ms M Lewis - Driver of TROUBLE GIERO

Information Number:
A10501

Hearing Type:
Protest

Rules:
870(3), 1003(2), breaking horse regs

Meet Title:
Forbury Park TC - 10 May 2018

Meet Chair:
GHall

Race Date:
2018/05/10

Race Number:
R 1

Decision:

As TROUBLE GIERO has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st 2 ACE COMMANDER
2ND 3 SPOTLIGHT THE VALLEY
3RD 6 HEARD THE WHISPER
4TH 1 FEATHER BOYZ
5th 4 GREY POWER

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 1, the JUST ESSENCE CATERING HANDICAP TROT, an information was lodged by Mr Wallis under r 870(3) and breaking horse regs alleging that TROUBLE GIERO galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:

1st 2 ACE COMMANDER
2ND 3 SPOTLIGHT THE VALLEY
3RD 5 TROUBLE GIERO
4TH 6 HEARD THE WHISPER
5TH 1 FEATHER BOYZ

The relevant rules and regulations provide:

870(3) Any horse which breaks from its gait shall promptly regain its proper gait.

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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 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).

Submissions for Decision:

Mr Ydgren, Chief Stipendiary Steward, demonstrated on the videos that TROUBLE GIERO broke and galloped for more than 50 metres in the last 200 metres.

Ms Lewis, the driver of TROUBLE GIERO signed the information and indicated that she did not contest the protest. Mr Wallis confirmed that Ms Lewis represented the connections of TROUBLE GIERO.

Reasons for Decision:

Having viewed the videos the Committee is satisfied that at approximately the 70 metres mark TROUBLE GIERO has gone into a break and has continued in a gallop to the winning post. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.

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: 510abf5c3f03d20e7db71aabcf0ecfdd


informantnumber: A10501


horsename: TROUBLE GIERO


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 11/05/2018


hearing_title: Forbury Park TC 10 May 2018 - R 1 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 1, the JUST ESSENCE CATERING HANDICAP TROT, an information was lodged by Mr Wallis under r 870(3) and breaking horse regs alleging that TROUBLE GIERO galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:

1st 2 ACE COMMANDER
2ND 3 SPOTLIGHT THE VALLEY
3RD 5 TROUBLE GIERO
4TH 6 HEARD THE WHISPER
5TH 1 FEATHER BOYZ

The relevant rules and regulations provide:

870(3) Any horse which breaks from its gait shall promptly regain its proper gait.

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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 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).


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren, Chief Stipendiary Steward, demonstrated on the videos that TROUBLE GIERO broke and galloped for more than 50 metres in the last 200 metres.

Ms Lewis, the driver of TROUBLE GIERO signed the information and indicated that she did not contest the protest. Mr Wallis confirmed that Ms Lewis represented the connections of TROUBLE GIERO.


reasonsfordecision:

Having viewed the videos the Committee is satisfied that at approximately the 70 metres mark TROUBLE GIERO has gone into a break and has continued in a gallop to the winning post. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.


Decision:

As TROUBLE GIERO has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st 2 ACE COMMANDER
2ND 3 SPOTLIGHT THE VALLEY
3RD 6 HEARD THE WHISPER
4TH 1 FEATHER BOYZ
5th 4 GREY POWER

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3), 1003(2), breaking horse regs


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N Ydgren - Chief Stipendiary Steward


Respondent: Ms M Lewis - Driver of TROUBLE GIERO


StipendSteward:


raceid: 64e7530a1ce4e7369a9d50c72a6fd6ca


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5effb5e14d36b2f45c144cfc835a19e7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/05/2018


meet_title: Forbury Park TC - 10 May 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC