Archive Decision

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Gore HRC 6 May 2017 – R 5 (instigating a protest) – Chair, Prof G Hall

ID: JCA13178

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Driver of JUST WISH

Information Number:
A9361

Hearing Type:
Protest

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

Meet Title:
Gore HRC - 6 May 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/05/06

Race Number:
R 5

Decision:

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

Amended placings are:
1st - 9 ROCKING ROBYN
2nd - 10 PAT CAMPBELL
3rd - 11 CULLENS AVENUE
4th - 5 ROZZANO
5th - 14 TANGLED UP IN BLUE

Stakes and dividends are to be paid accordingly.

 

Facts:

At the conclusion of Race 5, the NORTHERN SOUTHLAND VETS MOBILE PACE, an information was lodged by Mr Tidmarsh under r 870(3) and the breaking horse regulations alleging that JUST WISH galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:
1st - 9 ROCKING ROBYN
2nd - 10 PAT CAMPBELL
3rd - 11 CULLENS AVENUE
4th - 2 JUST WISH
5th - 5 ROZZANO

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 Tidmarsh, Stipendiary Steward, demonstrated on the videos that JUST WISH broke just after the 100 metres and was still galloping when it crossed the finishing line.

Mr McIlwrick, the driver of JUST WISH, signed the information and indicated that he did not contest the protest.

Mr Tidmarsh confirmed that Mr McIlwrick represented the connections of JUST WISH.

Reasons for Decision:

We have viewed the videos and we are satisfied that at the 90 metres mark JUST WISH has gone into a break and has continued in a gallop until the winning post. 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: 4e34edf3dad294ac10e3ec6f785380c3


informantnumber: A9361


horsename: JUST WISH


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 07/05/2017


hearing_title: Gore HRC 6 May 2017 - R 5 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 5, the NORTHERN SOUTHLAND VETS MOBILE PACE, an information was lodged by Mr Tidmarsh under r 870(3) and the breaking horse regulations alleging that JUST WISH galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:
1st - 9 ROCKING ROBYN
2nd - 10 PAT CAMPBELL
3rd - 11 CULLENS AVENUE
4th - 2 JUST WISH
5th - 5 ROZZANO

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 Tidmarsh, Stipendiary Steward, demonstrated on the videos that JUST WISH broke just after the 100 metres and was still galloping when it crossed the finishing line.

Mr McIlwrick, the driver of JUST WISH, signed the information and indicated that he did not contest the protest.

Mr Tidmarsh confirmed that Mr McIlwrick represented the connections of JUST WISH.


reasonsfordecision:

We have viewed the videos and we are satisfied that at the 90 metres mark JUST WISH has gone into a break and has continued in a gallop until the winning post. 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 JUST WISH has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:
1st - 9 ROCKING ROBYN
2nd - 10 PAT CAMPBELL
3rd - 11 CULLENS AVENUE
4th - 5 ROZZANO
5th - 14 TANGLED UP IN BLUE

Stakes and dividends are to be paid accordingly.

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


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


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr R McIlwrick - Driver of JUST WISH


StipendSteward:


raceid: bb77917e9fb7912c7416d9ed8c8ffc86


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: 1c119bcc07490b9ea6423c020cd1aa8c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/05/2017


meet_title: Gore HRC - 6 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Gore HRC