Geraldine TC 27 November 2010 – R 1 (instigating a protest)
ID: JCA18014
Meet Title:
Geraldine TC - 27 November 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
PRosanowski
Race Date:
2010/11/27
Race Number:
R 1
Decision:
The amended places are as follows.
1st – The Real McGuire (3)
2nd – Dixie Commando (20)
3rd – Zoom On (2)
4th – Lookslikeatrooper (18)
5th – Maple Tart (6)
6th – Taimate Boyz (15)
Facts:
Following the running of Race 1, the Sim’s Bakery Handicap Trot, an information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 870(3) and the “Breaking Horses” Regulation by “Sunnivue Impulse” (9) driven by Mr C. D. Thornley. The Judges placings were as follows.
1st – The Real McGuire (3)
2nd – Dixie Commando (20)
3rd – Zoom On (2)
4th – Sunnivue Impulse (9)
5th – Lookslikeatrooper (18)
6th – Maple Tart (6)
The Information reads as follows.
“This is a protest against horse number (9) placed 4th by the Judge on the grounds of breaking from its gait (Rule 870(3) & Breaking Horses Regulations) over the final stages.”
Rule 870(3) provides as follows.
“(3) Any horse which breaks from its gait shall promptly regain its proper gait.”
The “Breaking Horses” Regulation, so far it is relevant to the present case, 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) ……
(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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
The driver of “Sunnivue Impulse”, Open Horseman Mr C. D. Thornley, had endorsed the Information “I do not contest the protest.”, and he did not attend the hearing.
Mr McIntyre gave evidence and used video coverage to show that with a little over 100 metres to run “Sunnivue Impulse” had broken from its correct gait, and was still in a gallop when it crossed the finishing line.
Submissions for Decision:
Mr McIntyre made submission that “Sunnivue Impulse” should be disqualified from its 4th placing.
Reasons for Decision:
We were satisfied that “Sunnivue Impulse” should be disqualified.
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: e2227c81f5ccff3ef6cc4334d8bf69d0
informantnumber: 13715
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/11/2010
hearing_title: Geraldine TC 27 November 2010 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the Sim’s Bakery Handicap Trot, an information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 870(3) and the “Breaking Horses” Regulation by “Sunnivue Impulse” (9) driven by Mr C. D. Thornley. The Judges placings were as follows.
1st – The Real McGuire (3)
2nd – Dixie Commando (20)
3rd – Zoom On (2)
4th – Sunnivue Impulse (9)
5th – Lookslikeatrooper (18)
6th – Maple Tart (6)
The Information reads as follows.
“This is a protest against horse number (9) placed 4th by the Judge on the grounds of breaking from its gait (Rule 870(3) & Breaking Horses Regulations) over the final stages.”
Rule 870(3) provides as follows.
“(3) Any horse which breaks from its gait shall promptly regain its proper gait.”
The “Breaking Horses” Regulation, so far it is relevant to the present case, 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) ……
(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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
The driver of “Sunnivue Impulse”, Open Horseman Mr C. D. Thornley, had endorsed the Information “I do not contest the protest.”, and he did not attend the hearing.
Mr McIntyre gave evidence and used video coverage to show that with a little over 100 metres to run “Sunnivue Impulse” had broken from its correct gait, and was still in a gallop when it crossed the finishing line.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre made submission that “Sunnivue Impulse” should be disqualified from its 4th placing.
reasonsfordecision:
We were satisfied that “Sunnivue Impulse” should be disqualified.
Decision:
The amended places are as follows.
1st – The Real McGuire (3)
2nd – Dixie Commando (20)
3rd – Zoom On (2)
4th – Lookslikeatrooper (18)
5th – Maple Tart (6)
6th – Taimate Boyz (15)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) abd "Breaking Horses" Regulations
Informant: Mr NG McIntyre
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr CD Thornley
StipendSteward:
raceid: ebe29576ed84085f0cb6e796bbe0062a
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: f35dfe2bd7d0739421e39e37d859b977
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2010
meet_title: Geraldine TC - 27 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PRosanowski
meet_pm2: none
name: Geraldine TC