Archive Decision

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Forbury Park TC 22 June 2017 – R 9 (instigating a protest) – Chair, Prof G Hall

ID: JCA12221

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Ms K Barclay - Trainer of DON'T PASS I'M FAST

Information Number:
A9564

Hearing Type:
Protest

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

Meet Title:
Forbury Park TC - 22 June 2017

Meet Chair:
GHall

Race Date:
2017/06/22

Race Number:
R 9

Decision:

As DON’T PASS I’M FAST has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:
1st - 2 JETENARA
2nd - 1 TAKITIMU EXPRESS
3rd - 7 MIGHTY EMPIRE
4tf - 3 SHE’S A FLYIN
5th - 9 DACHY

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 9, the PINELEA FARM SPRINT SERIES (HEAT 3) MOBILE PACE, an information was lodged by Mr Wallis under r 870(3) and the breaking horse regulationsd alleging that the 4th placed horse, DON’T PASS I’M FAST, galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:
1st - 2 JETENARA
2nd - 1 TAKITIMU EXPRESS
3rd - 7 MIGHTY EMPIRE
4th - 8 DON’T PASS I’M FAST
5th - 3 SHE’S A FLYIN

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 Wallis, Stipendiary Steward, demonstrated on the videos that DON’T PASS I’M FAST broke early in the home straight and galloped for some 200 metres.

Ms Barclay, the trainer of DON’T PASS I’M FAST, signed the information and indicated that she did not contest the protest.

Mr Wallis confirmed that Ms Barclay represented the connections of DON’T PASS I’M FAST.

Reasons for Decision:

The Committee has viewed the videos and is satisfied that DON’T PASS I’M FAST when making a run early in the passing lane has gone into a break and has continued in a gallop for a distance of well in excess of 50 metres in the final 200 metres of the race. The horse had broken a hopple and 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: 41ec76f7da8ff4f4ca88818acdbb1d5e


informantnumber: A9564


horsename: DON'T PASS I'M FAST


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 26/06/2017


hearing_title: Forbury Park TC 22 June 2017 - R 9 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 9, the PINELEA FARM SPRINT SERIES (HEAT 3) MOBILE PACE, an information was lodged by Mr Wallis under r 870(3) and the breaking horse regulationsd alleging that the 4th placed horse, DON’T PASS I’M FAST, galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:
1st - 2 JETENARA
2nd - 1 TAKITIMU EXPRESS
3rd - 7 MIGHTY EMPIRE
4th - 8 DON’T PASS I’M FAST
5th - 3 SHE’S A FLYIN

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 Wallis, Stipendiary Steward, demonstrated on the videos that DON’T PASS I’M FAST broke early in the home straight and galloped for some 200 metres.

Ms Barclay, the trainer of DON’T PASS I’M FAST, signed the information and indicated that she did not contest the protest.

Mr Wallis confirmed that Ms Barclay represented the connections of DON’T PASS I’M FAST.


reasonsfordecision:

The Committee has viewed the videos and is satisfied that DON’T PASS I’M FAST when making a run early in the passing lane has gone into a break and has continued in a gallop for a distance of well in excess of 50 metres in the final 200 metres of the race. The horse had broken a hopple and 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 DON’T PASS I’M FAST has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:
1st - 2 JETENARA
2nd - 1 TAKITIMU EXPRESS
3rd - 7 MIGHTY EMPIRE
4tf - 3 SHE’S A FLYIN
5th - 9 DACHY

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


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


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms K Barclay - Trainer of DON'T PASS I'M FAST


StipendSteward:


raceid: 60de4a311c75ebcd2beacffcf4eb1701


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0aecb96c707cb3a576bf089d00e8cf2b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/06/2017


meet_title: Forbury Park TC - 22 June 2017


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