NZ Metro 29 April 2011 – R5 (instigating a protest)
ID: JCA17348
Meet Title:
NZ Metro TC - 29 April 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/04/29
Race Number:
R5
Decision:
The protest was upheld and ESCAPEE was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 3 Flying Isa
2nd 2 Duke of the Moment
3rd 1 Maidstone Miss
4th 5 Trip’s On Me
5th 10 Amore Stride
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, “Glenferrie Farm” New Zealand Trotting Stakes, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against ESCAPEE (C J De Filippi), placed 4th by the judge, on the ground of “breaking from its gait with approximately 60 metres remaining”.
Mr De Filippi and owner of ESCAPEE, Mr T G Casey, were present at the hearing of the information and they indicated that they did 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 200 metres of the race. He pointed out ESCAPEE, driven by Mr De Filippi, improving wide on the track. Mr McIntyre then showed the horse go into a gallop and continue in a gallop to the finishing line. Mr McIntyre pointed out the marker inside the track which is 50 metres from the finishing line. He alleged that ESCAPEE had broken from its gait prior to that marker.
Messrs Casey and De Filippi did not dispute Mr McIntyre’s allegation.
Reasons for Decision:
The Committee was satisfied from the video evidence that ESCAPEE had broken from its gait approximately 60 metres from the finishing line and, clearly, prior to the 50 metres marker, and that it had continued in a gallop to the finishing line. In terms of the Breaking Horses Regulation it had therefore failed to promptly regain its proper gait and Rule 870 (3) and (4) apply.
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: fc6b1dcd4af8dd30e6045d0c8c2d9007
informantnumber: 13904
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2011
hearing_title: NZ Metro 29 April 2011 - R5 (instigating a protest)
charge:
facts:
Following the running of Race 5, “Glenferrie Farm” New Zealand Trotting Stakes, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against ESCAPEE (C J De Filippi), placed 4th by the judge, on the ground of “breaking from its gait with approximately 60 metres remaining”.
Mr De Filippi and owner of ESCAPEE, Mr T G Casey, were present at the hearing of the information and they indicated that they did 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 200 metres of the race. He pointed out ESCAPEE, driven by Mr De Filippi, improving wide on the track. Mr McIntyre then showed the horse go into a gallop and continue in a gallop to the finishing line. Mr McIntyre pointed out the marker inside the track which is 50 metres from the finishing line. He alleged that ESCAPEE had broken from its gait prior to that marker.
Messrs Casey and De Filippi did not dispute Mr McIntyre’s allegation.
reasonsfordecision:
The Committee was satisfied from the video evidence that ESCAPEE had broken from its gait approximately 60 metres from the finishing line and, clearly, prior to the 50 metres marker, and that it had continued in a gallop to the finishing line. In terms of the Breaking Horses Regulation it had therefore failed to promptly regain its proper gait and Rule 870 (3) and (4) apply.
Decision:
The protest was upheld and ESCAPEE was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 3 Flying Isa
2nd 2 Duke of the Moment
3rd 1 Maidstone Miss
4th 5 Trip’s On Me
5th 10 Amore Stride
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) & (4) and Breaking Horses Regulation
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: C J De Filippi, Licensed Open Driver, T G Casey, Owner of Escapee
Respondent:
StipendSteward:
raceid: a80db1de74f1872590787ab5ed4e3e76
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: de6b2ec6e1c82c88832e376907451736
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/04/2011
meet_title: NZ Metro TC - 29 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC