Archive Decision

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Methven TC 9 October 2011 – R 5 (instigating a protest)

ID: JCA11005

Applicant:
Mr NG McIntyre - Stipendiary Steward

Respondent(s):
Mr GD O'Reilly - Open Horseman

Information Number:
13910

Hearing Type:
Protest

Rules:
870(3) and Breaking Horse Regulation

Meet Title:
Methven TC - 9 October 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2011/10/09

Race Number:
R 5

Decision:

The protest was upheld, and “Sun Prince” was disqualified from 3rd place.

The amended places are as follows.

1st – Lyalldale Invasion (3)
2nd – Quality Invasion (9)
3rd – Berkshire Sun (10)
4th – Hu Keas (1)
5th – Stormy Loch (6)
6th – Spencer Gore (5)

Facts:

Following the running of Race 5, the Speights Colts, Geldings & Entires Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre against the placing of “Sun Prince” (2), which was placed 3rd in the race. It was alleged that this horse was in a break for a distance in excess of 50 metres during the final 200 metres of this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.

The Judge’s official placings in this race were as follows.

1st – Lyalldale Invasion (3)
2nd – Quality Invasion (9)
3rd – Sun Prince (2)
4th – Berkshire Sun (10)
5th – Hu Keas (1)
6th – Stormy Loch (6)

The Information reads as follows.
“This is a protest against horse number (2) placed 3rd by the Judge on the grounds of breaking from its gait (Rule 870(3) Breaking Horses Regulation – Breaking over 50 metres run home.”

Rule 870(3) provides as follows.
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”
Clause (b) of the “Breaking Horses” Regulations provides as follows.

“(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.”

Mr G. D. O’Reilly, the driver of “Sun Prince” did not attend this hearing, but he had endorsed on the Information – “Connections do not contest protest.”

Submissions for Decision:

Video coverage of this incident was shown to illustrate that with more than 50 metres to run in the home straight “Sun Prince” broke from its correct gait, and was still in a break when it reached the finishing line.

Mr McIntyre made submissions that “Sun Prince” should be disqualified.

Reasons for Decision:

We were satisfied that this protest was not contested and that “Sun Prince” should be disqualified from its 3rd placing under the provisions of 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: 0a746241bf0a1a7f352cbd3215d17d2c


informantnumber: 13910


horsename: SUN PRINCE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 11/10/2011


hearing_title: Methven TC 9 October 2011 - R 5 (instigating a protest)


charge:


facts:

Following the running of Race 5, the Speights Colts, Geldings & Entires Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre against the placing of “Sun Prince” (2), which was placed 3rd in the race. It was alleged that this horse was in a break for a distance in excess of 50 metres during the final 200 metres of this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.

The Judge’s official placings in this race were as follows.

1st – Lyalldale Invasion (3)
2nd – Quality Invasion (9)
3rd – Sun Prince (2)
4th – Berkshire Sun (10)
5th – Hu Keas (1)
6th – Stormy Loch (6)

The Information reads as follows.
“This is a protest against horse number (2) placed 3rd by the Judge on the grounds of breaking from its gait (Rule 870(3) Breaking Horses Regulation – Breaking over 50 metres run home.”

Rule 870(3) provides as follows.
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”
Clause (b) of the “Breaking Horses” Regulations provides as follows.

“(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.”

Mr G. D. O’Reilly, the driver of “Sun Prince” did not attend this hearing, but he had endorsed on the Information – “Connections do not contest protest.”


appealdecision:


isappeal:


submissionsfordecision:

Video coverage of this incident was shown to illustrate that with more than 50 metres to run in the home straight “Sun Prince” broke from its correct gait, and was still in a break when it reached the finishing line.

Mr McIntyre made submissions that “Sun Prince” should be disqualified.


reasonsfordecision:

We were satisfied that this protest was not contested and that “Sun Prince” should be disqualified from its 3rd placing under the provisions of Rule 1003(2).


Decision:

The protest was upheld, and “Sun Prince” was disqualified from 3rd place.

The amended places are as follows.

1st – Lyalldale Invasion (3)
2nd – Quality Invasion (9)
3rd – Berkshire Sun (10)
4th – Hu Keas (1)
5th – Stormy Loch (6)
6th – Spencer Gore (5)


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horse Regulation


Informant: Mr NG McIntyre - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr GD O'Reilly - Open Horseman


StipendSteward:


raceid: 8999c20bc1164470a49a3138214fc9a3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d59602bd2a4761404440d659c78e57e9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/10/2011


meet_title: Methven TC - 9 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: RMcKenzie


meet_pm2: none


name: Methven TC