HR Waikato 5 May 2016 – R 1 (instigating a protest) – Chair, Mr A Dooley
ID: JCA14952
Meet Title:
Harness Racing Waikato - 5 May 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/05/05
Race Number:
R1
Decision:
Accordingly, the Protest was upheld and OUR SOUTHERN MAN was disqualified from the race.
The amended placings are now:
1st (1) BOLTING
2nd (7) LOLA JONES
3rd (4) ARIZONA JONES
4th (5) HERE’S SHIFTY
5th (9) CELTIC WARRIOR
It was ordered that stakes be paid in accordance with the amended placings.
Facts:
Following the running of race 1, Printech Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward, Mr Mulcay. He alleged that OUR SOUTHERN MAN, placed 2nd by the judge galloped excessively within the final 200 metres and was in breach of Breaking Horse Regulations.
Rule 870(3) requires: any horse that breaks during the running to promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
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).
Mr J Abernethy the Trainer of OUR SOUTHERN MAN endorsed the Information with the words “I do not contest the Protest”.
The Stipendiary Stewards demonstrated the incident by use of the video films and showed where OUR SOUTHERN MAN went into a continuous break 70 metres from the finish line.
Submissions for Decision:
Mr Mulcay submitted that OUR SOUTHERN MAN was in breach of Rule 870(3) and therefore it should be disqualified from the race.
Reasons for Decision:
The Committee reviewed the video films and accept that OUR SOUTHERN MAN did break from its gate within the final 200 metres and continued on in the break for 70 metres which was a clear breach of the Rules. We note the Protest was not contested.
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: 90b97b68068accb69641fffc62331400
informantnumber: A3996
horsename: OUR SOUTHERN MAN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/05/2016
hearing_title: HR Waikato 5 May 2016 - R 1 (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Printech Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward, Mr Mulcay. He alleged that OUR SOUTHERN MAN, placed 2nd by the judge galloped excessively within the final 200 metres and was in breach of Breaking Horse Regulations.
Rule 870(3) requires: any horse that breaks during the running to promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
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).
Mr J Abernethy the Trainer of OUR SOUTHERN MAN endorsed the Information with the words “I do not contest the Protest”.
The Stipendiary Stewards demonstrated the incident by use of the video films and showed where OUR SOUTHERN MAN went into a continuous break 70 metres from the finish line.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay submitted that OUR SOUTHERN MAN was in breach of Rule 870(3) and therefore it should be disqualified from the race.
reasonsfordecision:
The Committee reviewed the video films and accept that OUR SOUTHERN MAN did break from its gate within the final 200 metres and continued on in the break for 70 metres which was a clear breach of the Rules. We note the Protest was not contested.
Decision:
Accordingly, the Protest was upheld and OUR SOUTHERN MAN was disqualified from the race.
The amended placings are now:
1st (1) BOLTING
2nd (7) LOLA JONES
3rd (4) ARIZONA JONES
4th (5) HERE’S SHIFTY
5th (9) CELTIC WARRIOR
It was ordered that stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J Abernethy - Trainer of OUR SOUTHERN MAN
StipendSteward:
raceid: 7e1dd526db1465c669708102e2d48864
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 317aa838f148c3b89d61383818e0f2aa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2016
meet_title: Harness Racing Waikato - 5 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato