Kaikoura TC 3 November 2014 – R 7 (instigating a protest)
ID: JCA16531
Meet Title:
Kaikoura TC - 3 November 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/11/03
Race Number:
R7
Decision:
The protest was upheld and UNCAS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th LOTALOV (7)
5th VULCAN (6)
6th FORAY (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 7, the Calvglass Imports Limited Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against UNCAS driven by Mr R May, originally placed 5th by the judge but promoted to 4th after a previous protest, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race following the previous protest were as follows.
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th UNCAS (9)
5th LOTALOV (7)
6th VULCAN (6)
Mr R May, driver of UNCAS, had endorsed on the information form and signed, as agent, “I do not contest disqualification.” Mr May had also indicated to the Stewards that he did not wish to be present at the hearing.
Rule 870(3) provides as follows:“(3) Any horse who brakes from its gait shall 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 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed a video replay of the last 200m of the race. He pointed out UNCAS, inside the 200m when in contention, go into a break near the 75m and continue on in a break until the winning post finishing in 5th place, subsequently promoted to 4th. Mr Ydgren submitted that UNCAS had been in a break for at least 75 metres in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of UNCAS.
Reasons for Decision:
The Committee was satisfied that UNCAS was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld and the horse be disqualified.
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: c0a99f1f9f31678d6df0cdbca2119a93
informantnumber: A6171
horsename: UNCAS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/11/2014
hearing_title: Kaikoura TC 3 November 2014 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, the Calvglass Imports Limited Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against UNCAS driven by Mr R May, originally placed 5th by the judge but promoted to 4th after a previous protest, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race following the previous protest were as follows.
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th UNCAS (9)
5th LOTALOV (7)
6th VULCAN (6)
Mr R May, driver of UNCAS, had endorsed on the information form and signed, as agent, “I do not contest disqualification.” Mr May had also indicated to the Stewards that he did not wish to be present at the hearing.
Rule 870(3) provides as follows:“(3) Any horse who brakes from its gait shall 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 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed a video replay of the last 200m of the race. He pointed out UNCAS, inside the 200m when in contention, go into a break near the 75m and continue on in a break until the winning post finishing in 5th place, subsequently promoted to 4th. Mr Ydgren submitted that UNCAS had been in a break for at least 75 metres in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of UNCAS.
reasonsfordecision:
The Committee was satisfied that UNCAS was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld and the horse be disqualified.
Decision:
The protest was upheld and UNCAS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th LOTALOV (7)
5th VULCAN (6)
6th FORAY (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) (Instigating a Protest) and Breaking Horses Regulations
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: R May- Open Horseman
StipendSteward:
raceid: 25d5a6fb34e02332f02462dfdc1799f1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 509cd2758ff045c0a9a0caf8636859dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/11/2014
meet_title: Kaikoura TC - 3 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC