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Kumeu TC 8 September 2011 Instigating a Protest
ID: JCA17263
Meet Title:
Kumeu TC - 8 September 2011
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2011/09/08
Race Number:
R5
Decision:
The protest is upheld and PERIGO is disqualified from 4th place. The dividends and stake money is to be paid in accordance with the amended result.
The amended result is:
1st 8 - Illuminati
2nd 2 - Desert Queen
3rd 9 - Tozzies Sister
4th 4 - Katlin Brooke
5th 5 - Patienceofasaint
Facts:
Following the running of Race 5 an Information Instigating a Protest was lodged by Stipendiary Steward Mr J Muirhead against the fourth placing of horse number 7 PERIGO (Junior Driver M Kerr) on the grounds that it broke from its gait within the final 200 metres and continued in a break for distance of at least 65 metres.
Mr M Kerr on behalf of the Trainer of PERIGO, Mr K Smith, endorsed the Information with the words “I do not contest protest”.
Rule 870(4) provides that:
Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait; and/or
(b) which is not taken clear of the field; and/or
(c) in respect of which all reasonable steps are not taken to return it to 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 Horse Regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues 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 failed to regain its proper gait.
Where a protest has been duly lodged against the placing of the offending horse, the Judicial Committee shall either relegate or disqualify it from the race under Rule 1003(2).
Video coverage of the race clearly showed that PERIGO broke in the final 200 metres and continued in a break for at least 65 metres.
Submissions for Decision:
Mr Muirhead submitted that PERIGO had breached the provisions of Rule 870 (3) and (4); and the Regulations relating to Breaking Horses. He sought that PERIGO be disqualified from fourth place.
Reasons for Decision:
The protest was not contested. PERIGO did break from its gait in the final 200 metres of the race and continued in a break for at least 65 metres. On that basis the provisions of Rule 870(3) and (4) and the Breaking Horse Regulations have been breached.
JCA Decision Fields (raw)
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hearingid: f1e187729c5e767cce7dd2ee80de00eb
startdate: no date provided
hearing_title: Kumeu TC 8 September 2011 Instigating a Protest
facts:
Following the running of Race 5 an Information Instigating a Protest was lodged by Stipendiary Steward Mr J Muirhead against the fourth placing of horse number 7 PERIGO (Junior Driver M Kerr) on the grounds that it broke from its gait within the final 200 metres and continued in a break for distance of at least 65 metres.
Mr M Kerr on behalf of the Trainer of PERIGO, Mr K Smith, endorsed the Information with the words “I do not contest protest”.
Rule 870(4) provides that:
Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait; and/or
(b) which is not taken clear of the field; and/or
(c) in respect of which all reasonable steps are not taken to return it to 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 Horse Regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues 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 failed to regain its proper gait.
Where a protest has been duly lodged against the placing of the offending horse, the Judicial Committee shall either relegate or disqualify it from the race under Rule 1003(2).
Video coverage of the race clearly showed that PERIGO broke in the final 200 metres and continued in a break for at least 65 metres.
submissionsfordecision:
Mr Muirhead submitted that PERIGO had breached the provisions of Rule 870 (3) and (4); and the Regulations relating to Breaking Horses. He sought that PERIGO be disqualified from fourth place.
reasonsfordecision:
The protest was not contested. PERIGO did break from its gait in the final 200 metres of the race and continued in a break for at least 65 metres. On that basis the provisions of Rule 870(3) and (4) and the Breaking Horse Regulations have been breached.
Decision:
The protest is upheld and PERIGO is disqualified from 4th place. The dividends and stake money is to be paid in accordance with the amended result.
The amended result is:
1st 8 - Illuminati
2nd 2 - Desert Queen
3rd 9 - Tozzies Sister
4th 4 - Katlin Brooke
5th 5 - Patienceofasaint
Rules: Rule 870(3)&(4 and Breaking Horses Regulations
Informant: Mr J Muirhead -Stipendiary Steward
Respondent: Mr M Kerr - Junior Horseman
raceid: 2155057da709ac53f4ab54fa098014f8
meetid: 25c3bc485bc17e6da18ce5cbbdc12724
meet_expapproval: approved
meet_title: Kumeu TC - 8 September 2011
meet_km: [{"Comment": [], "kmprice": 60.759999999999998, "MemberID": "ADooley", "Member": "", "KMs": "98", "OtherExpenses": "0", "Total": "60.76", "MemberRole": "Panel member 1 ", "Approved": "on"}]
meet_racingtype: harness-racing
