NZ Metro TC 1 October 2010 – R 5 (instigating a protest)
ID: JCA22468
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 1 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/01
Race Number:
R 5
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr N. R. Escott, Chief Stipendiary Steward
--Defendant: N/A
--Information No: 13709 (Instigating a Protest)
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 1 October 2010
--Venue: Addington Raceway
--Race No. 5: Barry Dent Superannuation Consulting Pace
--Rule No: 870(3) and Breaking Horses Regulation
--Judicial Committee: J. M. Phelan, Chairman - R. G. McKenzie, Committee Member
----
Facts:
--Following the running of Race 5, the Barry Dent Superannuation Consulting Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott Instigating a Protest against the fifth placing of “Ultimate Player” (18).
----
The Information reads as follows.
----
“This is a protest against horse number (18) placed 5tht by the judge on the grounds of breaking from its gait (Rule 870(3)) and Breaking Horse Regulation) – over the final stages.”
----
Rule 870(3) provides as follows.
----
“(3) Any horse which breaks from its gait shall promptly regain its proper gait.”
----
The “Breaking Horses” Regulation, so far 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:
----
(a) ……
--(b) 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).
----
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.”
----
None of the parties involved in this protest attended the hearing. However, Mr B. R. Hill, the trainer of “Ultimate Player”, had indicated on the Information “I do not contest the protest”.
----
Mr Escott used video coverage to show that “Ultimate Player” broke from its correct gait well before the final 50 metre mark, and was still in a break when it crossed the finishing line.
----
Submissions:
--Mr Escott made submissions that “Ultimate Player” be disqualified from fifth place.
----
Decision:
--We were satisfied that “Ultimate Player” should be disqualified.
----
Accordingly “Ultimate Player” was disqualified from its fifth placing. The amended places are as follows.
----
1st – Kotare Yaakov (8)
--2nd – Ruby Ann (15)
--3rd – Bruce Almighty (5)
--4th – Miss Dorie (1)
--5th – Cullen’s First (7)
--6th – Buriton Bailey (13)
----
--
--
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: d42bb5d310f2f42a174260423fc8e572
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 1 October 2010 - R 5 (instigating a protest)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr N. R. Escott, Chief Stipendiary Steward
--Defendant: N/A
--Information No: 13709 (Instigating a Protest)
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 1 October 2010
--Venue: Addington Raceway
--Race No. 5: Barry Dent Superannuation Consulting Pace
--Rule No: 870(3) and Breaking Horses Regulation
--Judicial Committee: J. M. Phelan, Chairman - R. G. McKenzie, Committee Member
----
Facts:
--Following the running of Race 5, the Barry Dent Superannuation Consulting Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott Instigating a Protest against the fifth placing of “Ultimate Player” (18).
----
The Information reads as follows.
----
“This is a protest against horse number (18) placed 5tht by the judge on the grounds of breaking from its gait (Rule 870(3)) and Breaking Horse Regulation) – over the final stages.”
----
Rule 870(3) provides as follows.
----
“(3) Any horse which breaks from its gait shall promptly regain its proper gait.”
----
The “Breaking Horses” Regulation, so far 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:
----
(a) ……
--(b) 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).
----
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.”
----
None of the parties involved in this protest attended the hearing. However, Mr B. R. Hill, the trainer of “Ultimate Player”, had indicated on the Information “I do not contest the protest”.
----
Mr Escott used video coverage to show that “Ultimate Player” broke from its correct gait well before the final 50 metre mark, and was still in a break when it crossed the finishing line.
----
Submissions:
--Mr Escott made submissions that “Ultimate Player” be disqualified from fifth place.
----
Decision:
--We were satisfied that “Ultimate Player” should be disqualified.
----
Accordingly “Ultimate Player” was disqualified from its fifth placing. The amended places are as follows.
----
1st – Kotare Yaakov (8)
--2nd – Ruby Ann (15)
--3rd – Bruce Almighty (5)
--4th – Miss Dorie (1)
--5th – Cullen’s First (7)
--6th – Buriton Bailey (13)
----
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870(3) and Breaking Horses Regulation
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a8db7b1a849b0ccb46a1e96e8e9d2ce
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: 354c1f5a1a655d391ffbc53fa22fe8ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/10/2010
meet_title: NZ Metro TC - 1 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC