HR Waikato 24 December 2016 – R 4 (instigating a protest) – Chair, Mr A Dooley
ID: JCA18062
Meet Title:
Harness Racing Waikato - 24 December 2016
Meet Chair:
ADooley
Meet Committee Member 1:
PWilliams
Race Date:
2016/12/24
Race Number:
R4
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the Judges placings.
Facts:
Following the running of race 4, BOP Tab Ltd Handicap Trot, an Information Instigating a Protest was filed pursuant to Rule 870(3) and the Breaking Horse Regulations. The Informant, Stipendiary Steward, Mr S Mulcay alleged that 4th placed JASPER SEVEN (N Chilcott) failed to promptly regain its proper gait when breaking over the final 50 metres after receiving interference.
Ms N Chilcott endorsed the Information “I do not admit the breach”.
Judge’s placings were:
1st - MIGHTY SUNNY
2nd - LE REVEUR
3rd - SEXY REXY
4th - JASPER SEVEN
Rule 870(3) provides: "that any horse that breaks from its gait shall be promptly returned to its gait."
The Breaking Horse Regulations (part B) provides: "any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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 gait."
The Regulation further provides: "where a protest has been duly lodged against the placing of an offending horse, The Judicial Committee shall either: (1) relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or (2) 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 869A] 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.
Submissions for Decision:
Mr Mulcay demonstrated on the available video footage that JASPER SEVEN galloped near the 50 metres as a result of receiving interference from MONNAY. He identified that MONNAY broke near the 50 metres and in doing so he made solid contact with JASPER SEVEN. He said this was the reason why JASPER SEVEN galloped and submitted the Stewards were not seeking JASPER SEVEN to be disqualified from the race.
Mr Mulcay made reference to the Breaking Horse Regulations which permits a Judicial Committee to exercise their discretion in such circumstances.
Ms Chilcott said she was making up good ground in the home straight until MONNAY broke and interfered with her progress. She said that as a result of the interference JASPER SEVEN was put off balance and she was nearly knocked out of the sulky.
Reasons for Decision:
The Committee after reviewing the video footage was satisfied that JASPER SEVEN broke near the 50 metres as result of receiving significant interference from MONNAY. The head–on film showed that when MONNAY broke he ran in and made solid contact with JASPER SEVEN. This caused JASPER SEVEN to break and it was evident that Ms Chilcott was fortunate not to be dislodged from the sulky.
For the reasons outlined above the Committee on this occasion deemed it was appropriate to exercise their discretion as per the Regulations highlighted above.
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: e87b47bbd3cf49f20c8ee430126bd2d9
informantnumber: A3746
horsename: JASPER SEVEN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/12/2016
hearing_title: HR Waikato 24 December 2016 - R 4 (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, BOP Tab Ltd Handicap Trot, an Information Instigating a Protest was filed pursuant to Rule 870(3) and the Breaking Horse Regulations. The Informant, Stipendiary Steward, Mr S Mulcay alleged that 4th placed JASPER SEVEN (N Chilcott) failed to promptly regain its proper gait when breaking over the final 50 metres after receiving interference.
Ms N Chilcott endorsed the Information “I do not admit the breach”.
Judge’s placings were:
1st - MIGHTY SUNNY
2nd - LE REVEUR
3rd - SEXY REXY
4th - JASPER SEVEN
Rule 870(3) provides: "that any horse that breaks from its gait shall be promptly returned to its gait."
The Breaking Horse Regulations (part B) provides: "any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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 gait."
The Regulation further provides: "where a protest has been duly lodged against the placing of an offending horse, The Judicial Committee shall either: (1) relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or (2) 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 869A] 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay demonstrated on the available video footage that JASPER SEVEN galloped near the 50 metres as a result of receiving interference from MONNAY. He identified that MONNAY broke near the 50 metres and in doing so he made solid contact with JASPER SEVEN. He said this was the reason why JASPER SEVEN galloped and submitted the Stewards were not seeking JASPER SEVEN to be disqualified from the race.
Mr Mulcay made reference to the Breaking Horse Regulations which permits a Judicial Committee to exercise their discretion in such circumstances.
Ms Chilcott said she was making up good ground in the home straight until MONNAY broke and interfered with her progress. She said that as a result of the interference JASPER SEVEN was put off balance and she was nearly knocked out of the sulky.
reasonsfordecision:
The Committee after reviewing the video footage was satisfied that JASPER SEVEN broke near the 50 metres as result of receiving significant interference from MONNAY. The head–on film showed that when MONNAY broke he ran in and made solid contact with JASPER SEVEN. This caused JASPER SEVEN to break and it was evident that Ms Chilcott was fortunate not to be dislodged from the sulky.
For the reasons outlined above the Committee on this occasion deemed it was appropriate to exercise their discretion as per the Regulations highlighted above.
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the Judges placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horse Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B Jones - Stipendiary Steward
Respondent: Ms N Chilcott - Driver / Trainer of JASPER SEVEN
StipendSteward:
raceid: 6c0b929b83ae4eb67b5cca61eb008e18
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8a16acab4e4bbf1700d5127590e63f36
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/12/2016
meet_title: Harness Racing Waikato - 24 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: PWilliams
meet_pm2: none
name: Harness Racing Waikato