Kaikoura TC 31 October 2016 – R 5 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA12837
Meet Title:
Kaikoura TC - 31 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/10/31
Race Number:
R5
Decision:
The protest was upheld and DESTINY JONES was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:
1st 8 Royal Shine
2nd 7 Aile Rouge
3rd 6 Quevert
4th 9 Kowhai Whiz
5th 1 Little Mo
Facts:
Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against DESTINY JONES (J R Dunn), placed 5th by the judge, on the grounds that it “broke in excess of 150 metres during the running”.
Mr J R Dunn, driver of DESTINY JONES, representing the connections of that horse, had indicated on the information form that he did not contest the protest. Mr Ydgren confirmed that Mr Dunn did not wish to be present at the hearing of the protest.
The judge’s placings were as follows:
1st 8 Royal Shine
2nd 7 Aile Rouge
3rd 6 Quevert
4th 9 Kowhai Whiz
5th 4 Destiny Jones
Rule 870 provides as follows:
(3) Any horse which breaks 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:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 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 Ydgren showed video replays of the relevant part of the race from the 800 metres. He pointed out DESTINY JONES, improving wide on the track at that stage, go into a gallop, free of interference, and continue in a gallop for, Mr Ydgren estimated, 250 metres. Mr Ydgren sought disqualification of DESTINY JONES. He confirmed that Mr Dunn did not contest the disqualification of DESTINY JONES.
Reasons for Decision:
The Committee was satisfied that DESTINY JONES had broken from its gait passing the 800 metres, free of interference, and had continued in a gallop for a distance of approximately 250 metres in breach of Rule 870 (3), in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.
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: 5f042859441889c78ff60ca2e8f37d42
informantnumber: A8043
horsename: Destiny Jones
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/11/2016
hearing_title: Kaikoura TC 31 October 2016 - R 5 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against DESTINY JONES (J R Dunn), placed 5th by the judge, on the grounds that it “broke in excess of 150 metres during the running”.
Mr J R Dunn, driver of DESTINY JONES, representing the connections of that horse, had indicated on the information form that he did not contest the protest. Mr Ydgren confirmed that Mr Dunn did not wish to be present at the hearing of the protest.
The judge’s placings were as follows:
1st 8 Royal Shine
2nd 7 Aile Rouge
3rd 6 Quevert
4th 9 Kowhai Whiz
5th 4 Destiny Jones
Rule 870 provides as follows:
(3) Any horse which breaks 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:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 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 Ydgren showed video replays of the relevant part of the race from the 800 metres. He pointed out DESTINY JONES, improving wide on the track at that stage, go into a gallop, free of interference, and continue in a gallop for, Mr Ydgren estimated, 250 metres. Mr Ydgren sought disqualification of DESTINY JONES. He confirmed that Mr Dunn did not contest the disqualification of DESTINY JONES.
reasonsfordecision:
The Committee was satisfied that DESTINY JONES had broken from its gait passing the 800 metres, free of interference, and had continued in a gallop for a distance of approximately 250 metres in breach of Rule 870 (3), in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.
Decision:
The protest was upheld and DESTINY JONES was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:
1st 8 Royal Shine
2nd 7 Aile Rouge
3rd 6 Quevert
4th 9 Kowhai Whiz
5th 1 Little Mo
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horses Regulation
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: J R Dunn, Licensed Open Horseman
StipendSteward:
raceid: 0ec720035e00788776e18ed48a25e864
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f0c9a0d288d3e91323f81603e42d6757
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2016
meet_title: Kaikoura TC - 31 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC