NZ Metro TC 10 May 2019 – R 4 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA15900
Meet Title:
NZ Metro TC - 10 May 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2019/05/10
Race Number:
R4
Decision:
The protest was upheld and RASTUSBURN was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 5 Ultimate Stride
2nd 9 Midnight Dash
3rd 4 Cheeky Babe
4th 7 One Majic Kenny
5th 2 Dreamsinthemist
It is ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, PGG Wrightson NZ Yearling Sales 2YO Trot Final (Listed Race), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against RASTUSBURN (G D O’Reilly), promoted to 5th placing following the earlier disqualification of the 3rd placed CRACKER HILL, on the ground that it “broke in excess of 50 metres inside the final 200 metres”.
Mr G R Dunn, part-owner and trainer of RASTUSBURN, was not present at the hearing of the information but he had endorsed on the information form that the protest was not contested.
The official placings for the race (following the disqualification of CRACKER HILL) were:
1st 5 Ultimate Stride
2nd 9 Midnight Dash
3rd 4 Cheeky Babe
4th 7 One Majic Kenny
5th 8 Rastusburn
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
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:
(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).
Submissions for Decision:
Mr Ydgren showed videos replays of the final 200 metres of the race. He pointed out RASTUSBURN, driven by Mr O’Reilly, racing in 5th position against the markers passing the 200 metres. Shortly thereafter, RASTUSBURN went into a gallop, free of interference, and continued on in a gallop for a distance of approximately 80 metres to the finishing line, Mr Ydgren submitted. RASTUSBURN finished in 6th placing.
Mr Ydgren sought disqualification of RASTUSBURN.
Reasons for Decision:
The Committee was satisfied that RASTUSBURN had broken from its gait, free of interference, approximately 80 metres from the finish and had continued on in a gallop, crossing the finishing line in a gallop in 6th placing. It was promoted to 5th placing following the earlier disqualification of the 3rd placed runner, CRACKER HILL. The Committee was satisfied that RASTUSBURN had galloped for a distance in excess of 50 metres inside the final 200 metres and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee noted that Mr Dunn did not contest the disqualification of RASTUSBURN.
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: e26542d3696369d2a5d595d428fa5e26
informantnumber: A11213
horsename: Rastusburn
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/05/2019
hearing_title: NZ Metro TC 10 May 2019 - R 4 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, PGG Wrightson NZ Yearling Sales 2YO Trot Final (Listed Race), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against RASTUSBURN (G D O’Reilly), promoted to 5th placing following the earlier disqualification of the 3rd placed CRACKER HILL, on the ground that it “broke in excess of 50 metres inside the final 200 metres”.
Mr G R Dunn, part-owner and trainer of RASTUSBURN, was not present at the hearing of the information but he had endorsed on the information form that the protest was not contested.
The official placings for the race (following the disqualification of CRACKER HILL) were:
1st 5 Ultimate Stride
2nd 9 Midnight Dash
3rd 4 Cheeky Babe
4th 7 One Majic Kenny
5th 8 Rastusburn
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
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:
(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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed videos replays of the final 200 metres of the race. He pointed out RASTUSBURN, driven by Mr O’Reilly, racing in 5th position against the markers passing the 200 metres. Shortly thereafter, RASTUSBURN went into a gallop, free of interference, and continued on in a gallop for a distance of approximately 80 metres to the finishing line, Mr Ydgren submitted. RASTUSBURN finished in 6th placing.
Mr Ydgren sought disqualification of RASTUSBURN.
reasonsfordecision:
The Committee was satisfied that RASTUSBURN had broken from its gait, free of interference, approximately 80 metres from the finish and had continued on in a gallop, crossing the finishing line in a gallop in 6th placing. It was promoted to 5th placing following the earlier disqualification of the 3rd placed runner, CRACKER HILL. The Committee was satisfied that RASTUSBURN had galloped for a distance in excess of 50 metres inside the final 200 metres and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee noted that Mr Dunn did not contest the disqualification of RASTUSBURN.
Decision:
The protest was upheld and RASTUSBURN was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 5 Ultimate Stride
2nd 9 Midnight Dash
3rd 4 Cheeky Babe
4th 7 One Majic Kenny
5th 2 Dreamsinthemist
It is ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: G R Dunn, Licensed Public Trainer
StipendSteward:
raceid: df70e70dad4d1394a14ebc9a1a51ea04
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 834a98a2f286e0802a3043878b9a5538
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2019
meet_title: NZ Metro TC - 10 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC