Gore HRC 12 October 2013 – R 1 (instigating a protest)
ID: JCA14224
Meet Title:
Gore HRC - 12 October 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/10/12
Race Number:
R 1
Decision:
Accordingly, the protest is upheld and the amended placings are:
1st 11 JOCY JACCKA
2nd 3 CONTINENTAL BOY
3RD 8 EUROMAXX
4TH 4 INFUSION
5TH 10 MR MAJESTIC
Dividends and stakes are to be paid accordingly.
Facts:
Mr Renault alleged that in Race 1 the South Gore Dairy Trot horse number 9 OUR BUDD broke in excess of 150 metres at the start and failed to lose ground in the break.
Mr Renault sought disqualification of OUR BUDD pursuant to r 1003(2).
Judges placings were:
1st 11 JOCY JACCKA
2nd 3 CONTINENTAL BOY
3RD 9 OUR BUDD
4TH 8 EUROMAXX
5TH 4 INFUSION
The relevant rules and regulations provide:
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 and (d) which fails to lose ground by the break may (in addition to any other penalty imposed 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.
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 Renault, stipendiary steward, demonstrated on the videos that OUR BUDD broke at the start and, with reference to the various track markers, he indicated that he believed the horse had galloped for a distance of over 150 metres. He also demonstrated that the horse made ground on the field whilst in a gallop.
Mr Beck stated he did not contest the protest as he accepted the distance the horse galloped was in excess of 150 metres.
Reasons for Decision:
We are satisfied that OUR BUDD broke at the start and galloped for a distance of over 150 metres. In addition, OUR BUDD made ground whilst in the gallop. In exercising our discretion and disqualifying OUR BUDD pursuant to r 1003(2) we find that the horse was in breach of rr 870(3), (4)(d) and the Breaking Horses Regulations in that it gained an advantage on the rest of the field when in a gallop for a distance in excess of 150 metres.
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: a98b559151462398a6397c9da78b9d80
informantnumber: A1838
horsename: OUR BUDD
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Gore HRC 12 October 2013 - R 1 (instigating a protest)
charge:
facts:
Mr Renault alleged that in Race 1 the South Gore Dairy Trot horse number 9 OUR BUDD broke in excess of 150 metres at the start and failed to lose ground in the break.
Mr Renault sought disqualification of OUR BUDD pursuant to r 1003(2).
Judges placings were:
1st 11 JOCY JACCKA
2nd 3 CONTINENTAL BOY
3RD 9 OUR BUDD
4TH 8 EUROMAXX
5TH 4 INFUSION
The relevant rules and regulations provide:
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 and (d) which fails to lose ground by the break may (in addition to any other penalty imposed 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.
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 Renault, stipendiary steward, demonstrated on the videos that OUR BUDD broke at the start and, with reference to the various track markers, he indicated that he believed the horse had galloped for a distance of over 150 metres. He also demonstrated that the horse made ground on the field whilst in a gallop.
Mr Beck stated he did not contest the protest as he accepted the distance the horse galloped was in excess of 150 metres.
reasonsfordecision:
We are satisfied that OUR BUDD broke at the start and galloped for a distance of over 150 metres. In addition, OUR BUDD made ground whilst in the gallop. In exercising our discretion and disqualifying OUR BUDD pursuant to r 1003(2) we find that the horse was in breach of rr 870(3), (4)(d) and the Breaking Horses Regulations in that it gained an advantage on the rest of the field when in a gallop for a distance in excess of 150 metres.
Decision:
Accordingly, the protest is upheld and the amended placings are:
1st 11 JOCY JACCKA
2nd 3 CONTINENTAL BOY
3RD 8 EUROMAXX
4TH 4 INFUSION
5TH 10 MR MAJESTIC
Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), (4)(d), 1003(2) breaking horses regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr A Beck - Open Horseman and Driver of OUR BUDD
StipendSteward:
raceid: 3cd53df54e6e59f30ae8638e9d810415
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: fcfd3a9a05ac1852e9a06b24fa697555
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/10/2013
meet_title: Gore HRC - 12 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Gore HRC