Archive Decision

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HR Waikato 9 January 2015 – R 4 (instigating a protest)

ID: JCA17071

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr T Williams - Open Horseman - representing Mr M Purdon Trainer of SLUGGEM

Information Number:
A3989

Hearing Type:
Protest

Rules:
870(3) Breaking Horse Regulations

Meet Title:
Harness Racing Waikato - 9 January 2015

Meet Chair:
ADooley

Meet Committee Member 1:
TCastles

Race Date:
2015/01/09

Race Number:
R4

Decision:

The protest is upheld and SLUGGEM was disqualified from the race.

Amended placings are:
1st - FOLLOW THE STARS
2nd - CHANGE STRIDE
3rd - CHACHINGCHACHING
4th - STRIKE THE GOLD

It was ordered that dividends and stakes be paid in accordance with the amended placings.

Facts:

Following the running of race 4, Mitavite Dinny Johnstone Waikato Guineas Mobile Pace, an Information Instigating a Protest was filed pursuant to Rule 870(3). The Informant, Stipendiary Steward, Mr Mulcay alleged that 4th placed SLUGGEM ( N Purdon) galloped in excess of 50 metres inside the last 200 metres.

Mr T Williams endorsed the Information “I do not contest the protest”.

Judge’s placings were:
1st - FOLLOW THE STARS
2nd - CHANGE STRIDE
3rd - CHACHINGCHACHING
4th - SLUGGEM
5th - STRIKE THE GOLD

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)."

Submissions for Decision:

Mr Mulcay demonstrated the incident using head and side on video films. He identified SLUGGEM entering the final straight in 4th position and pointed out to the Committee that SLUGGEM galloped for approximately 70 metres in the final 200 metres. He therefore sought the disqualification of SLUGGEM in accordance with the Breaking Horse Regulations.

Mr Williams on behalf of Mr Purdon did not contest the protest.

Reasons for Decision:

The Committee after viewing the video footage are satisfied that SLUGGEM broke for at least 70 metres in the final 200 metres and was therefore in breach of the Breaking Horses Regulations and Rule 870(3) in that he has failed to promptly regain his proper gait. We note there were only 5 horses in the race.

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: c9d195b5dfd5577907ca0698af6bdb60


informantnumber: A3989


horsename: SLUGGEM


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 29/12/2014


hearing_title: HR Waikato 9 January 2015 - R 4 (instigating a protest)


charge:


facts:

Following the running of race 4, Mitavite Dinny Johnstone Waikato Guineas Mobile Pace, an Information Instigating a Protest was filed pursuant to Rule 870(3). The Informant, Stipendiary Steward, Mr Mulcay alleged that 4th placed SLUGGEM ( N Purdon) galloped in excess of 50 metres inside the last 200 metres.

Mr T Williams endorsed the Information “I do not contest the protest”.

Judge’s placings were:
1st - FOLLOW THE STARS
2nd - CHANGE STRIDE
3rd - CHACHINGCHACHING
4th - SLUGGEM
5th - STRIKE THE GOLD

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)."


appealdecision:


isappeal:


submissionsfordecision:

Mr Mulcay demonstrated the incident using head and side on video films. He identified SLUGGEM entering the final straight in 4th position and pointed out to the Committee that SLUGGEM galloped for approximately 70 metres in the final 200 metres. He therefore sought the disqualification of SLUGGEM in accordance with the Breaking Horse Regulations.

Mr Williams on behalf of Mr Purdon did not contest the protest.


reasonsfordecision:

The Committee after viewing the video footage are satisfied that SLUGGEM broke for at least 70 metres in the final 200 metres and was therefore in breach of the Breaking Horses Regulations and Rule 870(3) in that he has failed to promptly regain his proper gait. We note there were only 5 horses in the race.


Decision:

The protest is upheld and SLUGGEM was disqualified from the race.

Amended placings are:
1st - FOLLOW THE STARS
2nd - CHANGE STRIDE
3rd - CHACHINGCHACHING
4th - STRIKE THE GOLD

It was ordered that dividends and stakes be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) Breaking Horse Regulations


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr T Williams - Representing Mr M Purdon


Respondent: Mr T Williams - Open Horseman - representing Mr M Purdon Trainer of SLUGGEM


StipendSteward:


raceid: d00d3abdeee5706ddfdabdeb60436007


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: 8d2778a7c78a4e19c58db2b537d1a21a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/01/2015


meet_title: Harness Racing Waikato - 9 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: TCastles


meet_pm2: none


name: Harness Racing Waikato