Invercargill HRC 14 February 2016 – R 1 (instigating a protest) – Chair, Mr N Skelt
ID: JCA16310
Meet Title:
Invercargill HRC - 14 February 2016
Meet Chair:
NSkelt
Meet Committee Member 1:
VMUnro
Race Date:
2016/02/14
Race Number:
R 1
Decision:
‘Way To Go’ has gained an advantage over the rest of the field he has clearly broken for at least 190 metres. In these circumstances we disqualify the horse pursuant to the rule 870(4)(A) and the breaking horse regulations.
Amended Placings are:
1st Beast Of The Bunch
2nd Beat The Shakes
3rd Pure Emotion
4th Strathspey Boy
Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of race 1 the Centre Point and South City Liquor Trust a protest was lodged by Stipendiary Steward Mr S. Renault alleging that Horse 2 ‘Way to Go’ (B. Barclay) who was placed fourth by the Judge broke in excess of 150 metres over the early stages of the race.
Judge's placings were:
1st Best Of The Bunch (12) C. Barron
2nd Beat The Shakes (13) A. Armour
3rd Pure Emotion (11) R. McIlwrick
4th Way To Go (2) B. Barclay
5th Strathspey Boy (7) A. Kyle
Mr. Gray did not contest the protest and was not present at the hearing.
The relevant rules provide:
870(4) Any horse which breaks from its gait in any race and:
(a) which fails to promptly regain its proper gait… may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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: …
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)
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 869(8) such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
Submissions for Decision:
Mr Allison demonstrated on the videos that in his view ‘Way To Go’ broke in excess of 190 metres shortly after the start of the race.
‘Way To Go’ regained his gait and finished the race out strongly to finish in fourth place.
Reasons for Decision:
We are satisfied that ‘Way To Go’ has galloped in excess of 150 metres eventually settling down to finish in fourth placing. ‘Way To Go’ has broken free of interference and has failed to promptly regain its correct gait contrary to rule 870(4)(A) and the breaking horse regulations. The video evidence is also very conclusive.
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: d83fb9bab155fafd267789c3b3ea3191
informantnumber: A 6627
horsename: WAY TO GO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/02/2016
hearing_title: Invercargill HRC 14 February 2016 - R 1 (instigating a protest) - Chair, Mr N Skelt
charge:
facts:
At the conclusion of race 1 the Centre Point and South City Liquor Trust a protest was lodged by Stipendiary Steward Mr S. Renault alleging that Horse 2 ‘Way to Go’ (B. Barclay) who was placed fourth by the Judge broke in excess of 150 metres over the early stages of the race.
Judge's placings were:
1st Best Of The Bunch (12) C. Barron
2nd Beat The Shakes (13) A. Armour
3rd Pure Emotion (11) R. McIlwrick
4th Way To Go (2) B. Barclay
5th Strathspey Boy (7) A. Kyle
Mr. Gray did not contest the protest and was not present at the hearing.
The relevant rules provide:
870(4) Any horse which breaks from its gait in any race and:
(a) which fails to promptly regain its proper gait… may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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: …
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)
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 869(8) such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the videos that in his view ‘Way To Go’ broke in excess of 190 metres shortly after the start of the race.
‘Way To Go’ regained his gait and finished the race out strongly to finish in fourth place.
reasonsfordecision:
We are satisfied that ‘Way To Go’ has galloped in excess of 150 metres eventually settling down to finish in fourth placing. ‘Way To Go’ has broken free of interference and has failed to promptly regain its correct gait contrary to rule 870(4)(A) and the breaking horse regulations. The video evidence is also very conclusive.
Decision:
‘Way To Go’ has gained an advantage over the rest of the field he has clearly broken for at least 190 metres. In these circumstances we disqualify the horse pursuant to the rule 870(4)(A) and the breaking horse regulations.
Amended Placings are:
1st Beast Of The Bunch
2nd Beat The Shakes
3rd Pure Emotion
4th Strathspey Boy
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4)(a): Breaking Horse Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr C Allison - Stipendiary Steward
Respondent: Mr B Gray - Licensed Trainer of WAY TO GO
StipendSteward:
raceid: 7d0a07e478bf911d03fbbd784d6cc28b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6bca471c89da11805eca5ce08d774fdb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/02/2016
meet_title: Invercargill HRC - 14 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: VMUnro
meet_pm2: none
name: Invercargill HRC