Kaikoura TC 31 October 2011 – R 9 (instigating a protest)
ID: JCA15357
Meet Title:
Kaikoura TC - 31 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/31
Race Number:
R9
Decision:
The protest was upheld and RUBY N DIAMONDS was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 8 Seppl
2nd 2 Game As Ned Kelly
3rd 7 Iona Eyre
4th 12 Hu Keas
5th 16 Lanez Luck
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 9, Lobster Inn Kaikoura Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against RUBY N DIAMONDS (K A Hill), placed 3rd by the judge, on the ground that “RUBY N DIAMONDS broke in the run home and continued in a gallop over the line which was in excess of 50 metres”.
Miss K A Hill, part-owner and driver of RUBY N DIAMONDS, had endorsed and signed the information form “I do not contest the protest”.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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:
(a) 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 McIntyre showed a video replay of the final stages of the race. He pointed out RUBY N DIAMONDS, driven by Miss Hill, break from its gait inside the final 200 metres and continue in a gallop to the finishing line, finishing in 3rd placing. Mr McIntyre estimated that RUBY N DIAMONDS had galloped for approximately 180 metres. He sought disqualification of RUBY N DIAMONDS.
Reasons for Decision:
The Committee was satisfied that RUBY N DIAMONDS had galloped for approximately 180 metres within the final 200 metres of the race and was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. It was clearly in breach of the Breaking Horses Regulation in that it had galloped for a distance in excess of 50 metres within the final 200 metres of the race.
The Committee also noted that Miss Hill did not contest the protest.
It was appropriate to disqualify the horse from the race under Rule 1003 (2).
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: 88d4b7f488ff5dc0b85d875c8a3f66c3
informantnumber: A1013
horsename: RUBY N DIAMONDS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: Kaikoura TC 31 October 2011 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, Lobster Inn Kaikoura Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against RUBY N DIAMONDS (K A Hill), placed 3rd by the judge, on the ground that “RUBY N DIAMONDS broke in the run home and continued in a gallop over the line which was in excess of 50 metres”.
Miss K A Hill, part-owner and driver of RUBY N DIAMONDS, had endorsed and signed the information form “I do not contest the protest”.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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:
(a) 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 McIntyre showed a video replay of the final stages of the race. He pointed out RUBY N DIAMONDS, driven by Miss Hill, break from its gait inside the final 200 metres and continue in a gallop to the finishing line, finishing in 3rd placing. Mr McIntyre estimated that RUBY N DIAMONDS had galloped for approximately 180 metres. He sought disqualification of RUBY N DIAMONDS.
reasonsfordecision:
The Committee was satisfied that RUBY N DIAMONDS had galloped for approximately 180 metres within the final 200 metres of the race and was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. It was clearly in breach of the Breaking Horses Regulation in that it had galloped for a distance in excess of 50 metres within the final 200 metres of the race.
The Committee also noted that Miss Hill did not contest the protest.
It was appropriate to disqualify the horse from the race under Rule 1003 (2).
Decision:
The protest was upheld and RUBY N DIAMONDS was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 8 Seppl
2nd 2 Game As Ned Kelly
3rd 7 Iona Eyre
4th 12 Hu Keas
5th 16 Lanez Luck
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: K A Hill, Licensed Graduation Driver
StipendSteward:
raceid: 7d3dc5ec27d80e8af5f4d6449d997979
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f7c642d11f706d089c2c7f9aed52287
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2011
meet_title: Kaikoura TC - 31 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Kaikoura TC