Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Invercargill HRC 2 April 2017 – R 1 (instigating a protest) Chair, Prof G Hall

ID: JCA15705

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr D Dunn - Driver of KING CASSIDY

Information Number:
A8605

Hearing Type:
Protest

Rules:
rr 870(3), 1003(2), breaking horse regs

Meet Title:
Invercargill HRC - 2 April 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Race Date:
2017/04/02

Race Number:
R 1

Decision:

As KING CASSIDY has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st 4 COPPERTONE LAD
2ND 7 PEGASUS HANOVER
3RD 13 KIWI CRUSHER
4TH 8 BET’S COMMANDO
5TH 14 NOTTINGHAM K TWO

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 1, the COLLINGWOOD FOODCENTRE TROT, an information was lodged by Mr Tidmarsh under r 870(3) and the breaking horse regs alleging that KING CASSIDY galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:

1st 4 COPPERTONE LAD
2ND 7 PEGASUS HANOVER
3RD 13 KIWI CRUSHER
4TH 9 KING CASSIDY
5TH 8 BET’S COMMANDO

The relevant rules and regulations provide:

870(3) Any horse which breaks from its gait shall promptly regain its proper gait.

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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).

Submissions for Decision:

Mr Davidson, Stipendiary Steward, demonstrated on the videos that KING CASSIDY broke and galloped for more than 50 metres in the last 200 metres.

Mr Dunn, the driver of KING CASSIDY signed the information and indicated that he did not contest the protest. Mr Davidson confirmed that Mr Dunn represented the connections of KING CASSIDY.

Reasons for Decision:

We have viewed the videos and we are satisfied that at the 150 metres mark KING CASSIDY has gone into a break and has continued in a gallop for some 70 metres before regaining its gait. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.

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: c544f8aab2ee526e9ba71e8d9034cdbd


informantnumber: A8605


horsename: KING CASSIDY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 04/04/2017


hearing_title: Invercargill HRC 2 April 2017 - R 1 (instigating a protest) Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 1, the COLLINGWOOD FOODCENTRE TROT, an information was lodged by Mr Tidmarsh under r 870(3) and the breaking horse regs alleging that KING CASSIDY galloped in excess of 50 metres in the final 200 metres.

Judge’s placings were:

1st 4 COPPERTONE LAD
2ND 7 PEGASUS HANOVER
3RD 13 KIWI CRUSHER
4TH 9 KING CASSIDY
5TH 8 BET’S COMMANDO

The relevant rules and regulations provide:

870(3) Any horse which breaks from its gait shall promptly regain its proper gait.

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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).


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson, Stipendiary Steward, demonstrated on the videos that KING CASSIDY broke and galloped for more than 50 metres in the last 200 metres.

Mr Dunn, the driver of KING CASSIDY signed the information and indicated that he did not contest the protest. Mr Davidson confirmed that Mr Dunn represented the connections of KING CASSIDY.


reasonsfordecision:

We have viewed the videos and we are satisfied that at the 150 metres mark KING CASSIDY has gone into a break and has continued in a gallop for some 70 metres before regaining its gait. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.


Decision:

As KING CASSIDY has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st 4 COPPERTONE LAD
2ND 7 PEGASUS HANOVER
3RD 13 KIWI CRUSHER
4TH 8 BET’S COMMANDO
5TH 14 NOTTINGHAM K TWO

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: rr 870(3), 1003(2), breaking horse regs


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr Davidson - Stipendiary Steward


Respondent: Mr D Dunn - Driver of KING CASSIDY


StipendSteward:


raceid: 3ded8cb428ec1426069d30b447227338


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: d734ad99a2670eeef850c0a654f51f34


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/04/2017


meet_title: Invercargill HRC - 2 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: VMUnro


meet_pm2: none


name: Invercargill HRC