Archive Decision

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Forbury Park TC 26 May 2016 – R 5 (instigating a protest) – Chair, Prof G Hall

ID: JCA11039

Applicant:
Mr N McIntyre - Co-Chief Stipendiary Steward

Respondent(s):
Ms S Ottley - Driver of ANOTHER DELIGHT

Information Number:
A7624

Hearing Type:
Protest

Rules:
870(3), 1003(2), and the Breaking Horses Regulations

Meet Title:
Forbury Park TC - 26 May 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/05/26

Race Number:
R 5

Decision:

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

Amended placings are:

1st 6 GRACE LIGHTNING
2nd 2 MR MAJESTIC
3RD 1 YRGRITTE
4TH 12 SUNDONS FLYER
5TH 9 SCOTTIE TROUBLE

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 5, the PARK FUNCTION AND EVENTS CENTRE TROT, an information was lodged by Mr McIntyre alleging ANOTHER DELIGHT was in breach of rr 870(3), 1003(2), and the Breaking Horses Regulations in that the horse broke in excess of 150 metres on the first bend.

Mr McIntyre sought disqualification of ANOTHER DELIGHT pursuant to r 1003(2).

Judge’s placings were:

1st 6 GRACE LIGHTNING
2nd 2 MR MAJESTIC
3RD 1 YRGRITTE
4TH 7 ANOTHER DELIGHT
5TH 12 SUNDONS FLYER

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:

(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).

Submissions for Decision:

Mr McIntyre, co-chief stipendiary steward, demonstrated on the videos that ANOTHER DELIGHT broke on the first bend and galloped for a distance of some 230 metres before regaining its correct gait.

Ms Ottley, the driver of ANOTHER DELIGHT signed the information and indicated that she did not contest the protest.

Reasons for Decision:

We have viewed the videos and we are satisfied that ANOTHER DELIGHT has gone into a break and has galloped for some 230 metres on the first bend. 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: 0b98e272ef3934e9154ce892c7559edf


informantnumber: A7624


horsename: ANOTHER DELIGHT


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 30/05/2016


hearing_title: Forbury Park TC 26 May 2016 - R 5 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 5, the PARK FUNCTION AND EVENTS CENTRE TROT, an information was lodged by Mr McIntyre alleging ANOTHER DELIGHT was in breach of rr 870(3), 1003(2), and the Breaking Horses Regulations in that the horse broke in excess of 150 metres on the first bend.

Mr McIntyre sought disqualification of ANOTHER DELIGHT pursuant to r 1003(2).

Judge’s placings were:

1st 6 GRACE LIGHTNING
2nd 2 MR MAJESTIC
3RD 1 YRGRITTE
4TH 7 ANOTHER DELIGHT
5TH 12 SUNDONS FLYER

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:

(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).


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre, co-chief stipendiary steward, demonstrated on the videos that ANOTHER DELIGHT broke on the first bend and galloped for a distance of some 230 metres before regaining its correct gait.

Ms Ottley, the driver of ANOTHER DELIGHT signed the information and indicated that she did not contest the protest.


reasonsfordecision:

We have viewed the videos and we are satisfied that ANOTHER DELIGHT has gone into a break and has galloped for some 230 metres on the first bend. 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 ANOTHER DELIGHT has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st 6 GRACE LIGHTNING
2nd 2 MR MAJESTIC
3RD 1 YRGRITTE
4TH 12 SUNDONS FLYER
5TH 9 SCOTTIE TROUBLE

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3), 1003(2), and the Breaking Horses Regulations


Informant: Mr N McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms S Ottley - Driver of ANOTHER DELIGHT


StipendSteward:


raceid: b173c54be13b5b518952d27400eb5f74


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 00dca1ae11c2c6115858e8b2a33c9ea4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/05/2016


meet_title: Forbury Park TC - 26 May 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC