Kapiti Coast HRC 23 January 2011 – R 9 (Instigating a Protest)
ID: JCA17097
Meet Title:
Kapiti Coast HRC - 23 January 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/01/23
Race Number:
R9
Decision:
We therefore disqualify “Supreme Christian” and accordingly the amended places are as follows.
1st – Power To Fly - 5
2nd – Little Miss Priss - 6
3rd – Anvil Beirnes - 11
4th – Wire Netting Canoe - 3
5th – Single Dreamer - 2
6th – Capital Guest - 9
Payment of the amended dividends and stake money is authorised.
Facts:
1st – Power To Fly - 5
2nd – Little Miss Priss - 6
3rd – Anvil Beirnes - 11
4th – Supreme Christian - 7
5th – Wire Netting Canoe - 3
6th – Single Dreamer - 2
The Information reads as follows.
“This is a protest against horse number 7 “Supreme Christian” placed 4th by the Judge on the grounds that “racing into the first bend this horse broke and failed to lose ground in a break”.
Rule 870(4) (a) provides as follows:-
“Any hose which breaks from its gait in any race and
a) Which fails to promptly regain its proper gait; and/or .......
d) Which fails to lose ground by the break:
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”
The “Breaking Horses” Regulation, so far as it is relevant to the present case, 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:
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.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
The driver of “Supreme Christian” Mr J Abernathy represented the horse’s trainer Mr E Phelan during the hearing.
Submissions for Decision:
Mr Taumanu asked Mr Renault to show the films of what had occurred. He identified “Supreme Christian” racing wide on the track and in the lead as the field were racing into the first bend. The film showed the horse breaking and continuing in a break going round the bend and moving across to the running line at the same time. At the time of regaining its proper gait it was still in front of the field having galloped for approximately 100m.
Mr Taumanu submitted that "Supreme Christian" should be disqualified from its 4th placing.
Mr Abernathy said he agreed with Mr renault's interpretation of the film.
Reasons for Decision:
We were satisfied that “Supreme Christian” did gallop for approximately 100m going into and around the first bend and that immediately prior to breaking it was leading the race and was also in front of the field when it regained its proper gait. We therefore believe the horse did gain an advantage as it did not lose any ground when it broke.
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: cbfb918aa31517204820c92f55bb4ee0
informantnumber: 13977
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Kapiti Coast HRC 23 January 2011 - R 9 (Instigating a Protest)
charge:
facts:
1st – Power To Fly - 5
2nd – Little Miss Priss - 6
3rd – Anvil Beirnes - 11
4th – Supreme Christian - 7
5th – Wire Netting Canoe - 3
6th – Single Dreamer - 2
The Information reads as follows.
“This is a protest against horse number 7 “Supreme Christian” placed 4th by the Judge on the grounds that “racing into the first bend this horse broke and failed to lose ground in a break”.
Rule 870(4) (a) provides as follows:-
“Any hose which breaks from its gait in any race and
a) Which fails to promptly regain its proper gait; and/or .......
d) Which fails to lose ground by the break:
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”
The “Breaking Horses” Regulation, so far as it is relevant to the present case, 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:
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.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
The driver of “Supreme Christian” Mr J Abernathy represented the horse’s trainer Mr E Phelan during the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu asked Mr Renault to show the films of what had occurred. He identified “Supreme Christian” racing wide on the track and in the lead as the field were racing into the first bend. The film showed the horse breaking and continuing in a break going round the bend and moving across to the running line at the same time. At the time of regaining its proper gait it was still in front of the field having galloped for approximately 100m.
Mr Taumanu submitted that "Supreme Christian" should be disqualified from its 4th placing.
Mr Abernathy said he agreed with Mr renault's interpretation of the film.
reasonsfordecision:
We were satisfied that “Supreme Christian” did gallop for approximately 100m going into and around the first bend and that immediately prior to breaking it was leading the race and was also in front of the field when it regained its proper gait. We therefore believe the horse did gain an advantage as it did not lose any ground when it broke.
Decision:
We therefore disqualify “Supreme Christian” and accordingly the amended places are as follows.
1st – Power To Fly - 5
2nd – Little Miss Priss - 6
3rd – Anvil Beirnes - 11
4th – Wire Netting Canoe - 3
5th – Single Dreamer - 2
6th – Capital Guest - 9
Payment of the amended dividends and stake money is authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4)
Informant: Mr T Taumanu, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Renault, Stipendiary Steward, Mr J Abernathy, Driver of "Supreme Christian"
Respondent:
StipendSteward:
raceid: 159b0bfd8c989e119ddb7b86b39eade8
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: ca4c8ff0e491abd51824f2a52e1c4fcf
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/01/2011
meet_title: Kapiti Coast HRC - 23 January 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "130", "Total": "80.6", "kmprice": 80.599999999999994, "Approved": "on"}]
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC