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.

Forbury Park TC 13 August 2015 – R 1 (instigating a protest) – Prof G Hall, Chairman

ID: JCA12157

Applicant:
Mr C Allison, Stipendiary Steward

Respondent(s):
Mr B Orange, Open Horseman, driver of BEYOND A JOKE

Information Number:
A1423

Hearing Type:
Protest

Rules:
R 870(3) (4); 1003(2); Breaking Horse Regulations

Meet Title:
Forbury Park TC - 13 August 2015

Meet Chair:
GHall

Race Date:
2015/08/13

Race Number:
R1

Decision:

Amended placings are:

1ST 4 PYRAMID MAGIC
2ND 3 EXPLOSIVE STAR
3RD 6 MONKEY LUCK
4TH SCOTTIE TROUBLE

Stakes and dividends are to be paid accordingly.

Facts:

Mr Allison alleged that BEYOND A JOKE broke in excess of 50 metres in the final 200 metres of race 1, the DUNEDIN CITY MOTORS HANDICAP TROT.

The relevant rules and regulations are:

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

870(4) Any horse which breaks from its gait in any race may pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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….

Breaking Horse Regulations

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).

Placings subsequent to the first protest in race 1 were:

1ST 4 PYRAMID MAGIC
2ND 3 EXPLOSIVE STAR
3RD 6 MONKEY LUCK
4TH= 1 SCOTTIE TROUBLE and 8 BEYOND A JOKE

Submissions for Decision:

Mr Allison demonstrated that BEYOND A JOKE, which had dead heated for 4th in race 1 broke near the 100 metre mark and failed to settle for the remainder of the race.

Mr Buchan the trainer of BEYOND A JOKE indicated on the information that he did not contest the protest.

Reasons for Decision:

The Committee is satisfied that BEYOND A JOKE has galloped for over 100 metres at the conclusion of race 1 and was still out of its correct gait when the horse crossed the finishing line. The Breaking Horse Regulations provide that BEYOND A JOKE “shall be deemed to be in breach r 870(3)” in that it has failed to promptly regain its proper gait. The appropriate course of action in these circumstances is to disqualify BEYOND A JOKE.

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: 398869bc0eb4679d361aa6bb2d82e87c


informantnumber: A1423


horsename: BEYOND A JOKE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 16/08/2015


hearing_title: Forbury Park TC 13 August 2015 - R 1 (instigating a protest) - Prof G Hall, Chairman


charge:


facts:

Mr Allison alleged that BEYOND A JOKE broke in excess of 50 metres in the final 200 metres of race 1, the DUNEDIN CITY MOTORS HANDICAP TROT.

The relevant rules and regulations are:

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

870(4) Any horse which breaks from its gait in any race may pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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….

Breaking Horse Regulations

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).

Placings subsequent to the first protest in race 1 were:

1ST 4 PYRAMID MAGIC
2ND 3 EXPLOSIVE STAR
3RD 6 MONKEY LUCK
4TH= 1 SCOTTIE TROUBLE and 8 BEYOND A JOKE


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated that BEYOND A JOKE, which had dead heated for 4th in race 1 broke near the 100 metre mark and failed to settle for the remainder of the race.

Mr Buchan the trainer of BEYOND A JOKE indicated on the information that he did not contest the protest.


reasonsfordecision:

The Committee is satisfied that BEYOND A JOKE has galloped for over 100 metres at the conclusion of race 1 and was still out of its correct gait when the horse crossed the finishing line. The Breaking Horse Regulations provide that BEYOND A JOKE “shall be deemed to be in breach r 870(3)” in that it has failed to promptly regain its proper gait. The appropriate course of action in these circumstances is to disqualify BEYOND A JOKE.


Decision:

Amended placings are:

1ST 4 PYRAMID MAGIC
2ND 3 EXPLOSIVE STAR
3RD 6 MONKEY LUCK
4TH SCOTTIE TROUBLE

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: R 870(3) (4); 1003(2); Breaking Horse Regulations


Informant: Mr C Allison, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr B Orange, Open Horseman, driver of BEYOND A JOKE


StipendSteward:


raceid: 6f0b7eed88ef66ff87bfc3ae90d9c2ee


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: 750e8212b3a5bb530c179217985bb9fb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/08/2015


meet_title: Forbury Park TC - 13 August 2015


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