Hawera HRC 4 April 2015 – R 7 (instigating a protest)
ID: JCA13379
Meet Title:
Hawera HRC - 4 April 2015
Meet Chair:
TUtikere
Race Date:
2015/04/04
Race Number:
R7
Decision:
The protest was upheld, and P TOMADO was disqualified under the provision of Rule 1003(2). The amended placings are to now be:
1st (9) CELTIC WARRIOR
2nd (5) CUT THE CARDS
3rd (2) MURPHY BROWN
4th (1) GOD'S DELIGHT
5th (11) MCRUBBLE
Dividends and stakes were directed to be paid in accordance with the amended placings.
Facts:
Following the running of Race 7 (COLLINGWOOD TRAFFIC MANAGEMENT MOBILE PACE 2000m), Information A7458 was filed with the judicial committee. It alleged a breach of Rule 870(3) and the Breaking Horse Regulations. The information alleged that "P TOMADO broke in excess of 50 metres inside the final 200 metres".
The judge's placings were:
1st (9) CELTIC WARRIOR
2nd (5) CUT THE CARDS
3rd (2) MURPHY BROWN
4th (12) P TOMADO
5th (1) GOD'S DELIGHT
Submissions for Decision:
Mr Muirhead used the side-on film to identify P TOMADO leading as the field approached the final 200 metres mark. As P TOMADO approached the 200 metres he went into a break and then regained his gait after passing the 150 metres mark. Mr Muirhead submitted that judging by the marked pylons, the horse was in a break for approximately 60 metres. He was seeking the disqualification of the horse, and Mr Abernethy had endorsed the Information with "I do not contest protest".
Reasons for Decision:
It was clear from the film that P TOMADO had gone into a break at approximately the 200 metres mark. The red pylons on the film were at 50 metre intervals, and on that basis, the distance in which P TOMADO was in a break was placed at at least 60 metres; this is clearly in breach of the Breaking Horse Regulations. It was also clear that P TOMADO broke on its own accord, not as a result of the actions of any other runner. I considered it appropriate to disqualify P TOMADO under the provision of Rule 1003(2).
JCA Decision Fields (raw)
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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: 6aa63bb3435a6604fa936ada42325776
informantnumber: A7458
horsename: P TOMADO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/04/2015
hearing_title: Hawera HRC 4 April 2015 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7 (COLLINGWOOD TRAFFIC MANAGEMENT MOBILE PACE 2000m), Information A7458 was filed with the judicial committee. It alleged a breach of Rule 870(3) and the Breaking Horse Regulations. The information alleged that "P TOMADO broke in excess of 50 metres inside the final 200 metres".
The judge's placings were:
1st (9) CELTIC WARRIOR
2nd (5) CUT THE CARDS
3rd (2) MURPHY BROWN
4th (12) P TOMADO
5th (1) GOD'S DELIGHT
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead used the side-on film to identify P TOMADO leading as the field approached the final 200 metres mark. As P TOMADO approached the 200 metres he went into a break and then regained his gait after passing the 150 metres mark. Mr Muirhead submitted that judging by the marked pylons, the horse was in a break for approximately 60 metres. He was seeking the disqualification of the horse, and Mr Abernethy had endorsed the Information with "I do not contest protest".
reasonsfordecision:
It was clear from the film that P TOMADO had gone into a break at approximately the 200 metres mark. The red pylons on the film were at 50 metre intervals, and on that basis, the distance in which P TOMADO was in a break was placed at at least 60 metres; this is clearly in breach of the Breaking Horse Regulations. It was also clear that P TOMADO broke on its own accord, not as a result of the actions of any other runner. I considered it appropriate to disqualify P TOMADO under the provision of Rule 1003(2).
Decision:
The protest was upheld, and P TOMADO was disqualified under the provision of Rule 1003(2). The amended placings are to now be:
1st (9) CELTIC WARRIOR
2nd (5) CUT THE CARDS
3rd (2) MURPHY BROWN
4th (1) GOD'S DELIGHT
5th (11) MCRUBBLE
Dividends and stakes were directed to be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3) and Breaking Horse Regulations
Informant: J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr D Gale - Trainer of P TOMADO, Mr J Abernethy - Representative of Mr Gale
StipendSteward:
raceid: 57191ed9de99cbd704264d29b11e3bd1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 69c0ac53da02a2f83a028a2ccf350bf4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/04/2015
meet_title: Hawera HRC - 4 April 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Hawera HRC