Archive Decision

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Hawera HRC 4 April 2015 – R 7 (instigating a protest)

ID: JCA13379

Applicant:
J Muirhead - Stipendiary Steward

Respondent(s):
Mr D Gale - Trainer of P TOMADO, Mr J Abernethy - Representative of Mr Gale

Information Number:
A7458

Hearing Type:
Protest

Rules:
Rule 870(3) and Breaking Horse Regulations

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)

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: 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