NZ Metro TC 12 July 2019 – R 4 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA13362
Meet Title:
NZ Metro TC - 12 July 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2019/07/12
Race Number:
R4
Decision:
The protest was upheld and FYNN FROST was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 9 Warloch
2nd 10 Jonty James
3rd 8 Queenofdance
4th 6 Jazelle
5th 1 Caesar’s Quest
6th 7 Myboylolliepop
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, Betterthancheddar at Alabar Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S T Mulcay, against FYNN FROST (K G Cameron) placed 5th by the judge, on the ground that it “broke in excess of 150 metres over the early stages”.
Mr K G Cameron, owner, trainer and driver of FYNN FROST, was present at the hearing of the information and he indicated, at the outset of the hearing, that the protest was not contested.
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:
(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.
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).
The official placings were:
1st 9 Warloch
2nd 10 Jonty James
3rd 8 Queenofdance
4th 6 Jazelle
5th 11 Fynn Frost
6th 1 Caesar’s Quest
Submissions for Decision:
Mr Mulcay showed a video replay of the start of the 1980 metres mobile start event. He pointed out FYNN FROST, driven by Mr Cameron, which had drawn barrier position 2 on the second row of the mobile start, go into a break as the field was released and continue on in a gallop for some distance. Mr Mulcay pointed out the 150 metres marker on the outside of the track and it was clear that FYNN FROST had continued in a gallop for some distance beyond that marker, he said.
FYNN FROST finished the race in 5th placing, Mr Mulcay said. He sought disqualification of FYNN FROST from the race.
Reasons for Decision:
The Committee was clearly satisfied, from the video evidence, that FYNN FROST had broken from its gait, free of interference, at the start and had continued on in a gallop, in breach of Rule 870 (3) and the Breaking Horses Regulation, for a distance of 150 metres or greater, finishing in 5th placing. It was also noted that Mr Cameron did not contest the protest.
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: 68233199f78d7c617e83cbb25b34b695
informantnumber: A11426
horsename: Fynn Frost
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/07/2019
hearing_title: NZ Metro TC 12 July 2019 - R 4 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Betterthancheddar at Alabar Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S T Mulcay, against FYNN FROST (K G Cameron) placed 5th by the judge, on the ground that it “broke in excess of 150 metres over the early stages”.
Mr K G Cameron, owner, trainer and driver of FYNN FROST, was present at the hearing of the information and he indicated, at the outset of the hearing, that the protest was not contested.
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:
(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.
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).
The official placings were:
1st 9 Warloch
2nd 10 Jonty James
3rd 8 Queenofdance
4th 6 Jazelle
5th 11 Fynn Frost
6th 1 Caesar’s Quest
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay showed a video replay of the start of the 1980 metres mobile start event. He pointed out FYNN FROST, driven by Mr Cameron, which had drawn barrier position 2 on the second row of the mobile start, go into a break as the field was released and continue on in a gallop for some distance. Mr Mulcay pointed out the 150 metres marker on the outside of the track and it was clear that FYNN FROST had continued in a gallop for some distance beyond that marker, he said.
FYNN FROST finished the race in 5th placing, Mr Mulcay said. He sought disqualification of FYNN FROST from the race.
reasonsfordecision:
The Committee was clearly satisfied, from the video evidence, that FYNN FROST had broken from its gait, free of interference, at the start and had continued on in a gallop, in breach of Rule 870 (3) and the Breaking Horses Regulation, for a distance of 150 metres or greater, finishing in 5th placing. It was also noted that Mr Cameron did not contest the protest.
Decision:
The protest was upheld and FYNN FROST was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 9 Warloch
2nd 10 Jonty James
3rd 8 Queenofdance
4th 6 Jazelle
5th 1 Caesar’s Quest
6th 7 Myboylolliepop
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: S T Mulcay, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: K G Cameron, Licensed Trainer/Open Driver
StipendSteward:
raceid: 2dd85ae516287db7007c4eb96f737418
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: 01c415a3412a7f81e0575da5f920c669
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/07/2019
meet_title: NZ Metro TC - 12 July 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: NZ Metro TC