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NZ Metro TC – 1 April 2011 – R 2 (instigating a protest)

ID: JCA10642

Applicant:
Mr J. M. Muirhead - Stipendiary Steward

Respondent(s):
Mr T. R. Vince - Owner

Information Number:
13855

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulation

Meet Title:
NZ Metro TC - 1 April 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Meet Committee Member 2:
BRowe

Race Date:
2011/04/01

Race Number:
R1

Decision:

The protest was upheld, and “Perigo” was disqualified from 4th place. The amended places are as follows.
1st – Boizel (1)
2nd – Me An Kel (3)
3rd – Another Player (8)
4th – Pocaro (9)
5th – Dragons Den (2)
6th – Moment of Truth (10)

Facts:

Following the running of Race 2, the First Line – Weekday Morning News On TV 3 Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr J. M. Muirhead alleging “Perigo” (6), which finished 4th, was in a break for a distance in excess of 150 metres during this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.  The Judges official placings in this race were as follows.
1st – Boizel (1)
2nd – Me An Kel (3)
3rd – Another Player (8)
4th – Perigo (6)
5th – Pocaro (9)
6th – Dragons Den (2)
 
The Information reads as follows.
“This is a protest against horse number (6) placed 4th by the Judge on the grounds of breaking from its gait (Rule 870(3) – approx 180–190m.”
 
Rule 870(3) provides as follows.
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”-
Clause (a) of the “Breaking Horses” Regulations provides as follows.
“(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.
 
Mr T. R. Vince, the part owner of “Perigo”, had endorsed on the Information “I do not contest the protest”.

Submissions for Decision:

Video coverage of this incident was shown to illustrate that at the end of the back straight for the last time “Perigo” broke from its correct gait, and remained in a break for well in excess of the allowable 150 metres under the Breaking Horses Regulations.  Mr Muirhead made submission that “Perigo” should be disqualified.

Reasons for Decision:

We were satisfied that this protest was not contested and that “Perigo” should be disqualified from its 4th 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: 0697b112890eb825a5f19dbb44a71da8

informantnumber: 13855

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 24/02/2011

hearing_title: NZ Metro TC - 1 April 2011 - R 2 (instigating a protest)

charge:

facts:

Following the running of Race 2, the First Line – Weekday Morning News On TV 3 Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr J. M. Muirhead alleging “Perigo” (6), which finished 4th, was in a break for a distance in excess of 150 metres during this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.  The Judges official placings in this race were as follows.
1st – Boizel (1)
2nd – Me An Kel (3)
3rd – Another Player (8)
4th – Perigo (6)
5th – Pocaro (9)
6th – Dragons Den (2)
 
The Information reads as follows.
“This is a protest against horse number (6) placed 4th by the Judge on the grounds of breaking from its gait (Rule 870(3) – approx 180–190m.”
 
Rule 870(3) provides as follows.
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”-
Clause (a) of the “Breaking Horses” Regulations provides as follows.
“(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.
 
Mr T. R. Vince, the part owner of “Perigo”, had endorsed on the Information “I do not contest the protest”.

appealdecision:

isappeal:

submissionsfordecision:

Video coverage of this incident was shown to illustrate that at the end of the back straight for the last time “Perigo” broke from its correct gait, and remained in a break for well in excess of the allowable 150 metres under the Breaking Horses Regulations.  Mr Muirhead made submission that “Perigo” should be disqualified.

reasonsfordecision:

We were satisfied that this protest was not contested and that “Perigo” should be disqualified from its 4th placing under the provisions of Rule 1003(2).

Decision:

The protest was upheld, and “Perigo” was disqualified from 4th place. The amended places are as follows.
1st – Boizel (1)
2nd – Me An Kel (3)
3rd – Another Player (8)
4th – Pocaro (9)
5th – Dragons Den (2)
6th – Moment of Truth (10)

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870(3) and Breaking Horses Regulation

Informant: Mr J. M. Muirhead - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent: Mr T. R. Vince - Owner

StipendSteward:

raceid: 26ef9484397c4ee657deac7ca32893e3

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: b944e0aa65fa7854f61547a46d3bf524

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 01/04/2011

meet_title: NZ Metro TC - 1 April 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: BRowe

name: NZ Metro TC