NZ Metro TC 12 May 2017 – R 2 (instigating a protest) Chair, Mr R McKenzie
ID: JCA13477
Meet Title:
NZ Metro TC - 12 May 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/05/12
Race Number:
R2
Decision:
The protest was upheld and B D SON was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 6 One Muscle Hill
2nd 8 Springbank Lachie
3rd 5 Majestic Connies
4th 1 Marquis De Sade
5th 3 Success Counts
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 2, PGG Wrightson NZ Yearling Sales Series No.26 2YO Open Trot Final (Listed Race), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against B D SON (G D Smith), placed 7th by the judge (subsequently promoted to 5th following disqualification of the 4th and 5th placed horses) on the ground that it “broke gait in excess of 50 metres in the final 200 metres”
Mr G D Smith, trainer and driver of B D SON, had endorsed on the information form and signed “I do not contest the protest”.
The official placings for the race, following two earlier protests, were:
1st 6 One Muscle Hill
2nd 8 Springbank Lachie
3rd 5 Majestic Connies
4th 1 Marquis De Sade
5th 9 B D Son
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 a video replay of the race from about the 200 metres. He pointed out B D SON, driven by Mr Smith, racing in a distant 6th position as the field passed the 200 metres. Shortly thereafter, B D SON switched into a pace and continued on in that gait for approximately 200 metres, Mr Ydgren submitted. Mr Smith restrained the horse and attempted to return it to a pace, but was unable to do so.
Reasons for Decision:
The Committee was satisfied that B D SON had broken from its gait, free of interference, and that it had paced for a distance well 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 Smith did not contest the disqualification of B D SON.
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: 3bf7d3dfb92e58b5f324b61b79b1b15a
informantnumber: A8970
horsename: B D Son
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/05/2017
hearing_title: NZ Metro TC 12 May 2017 - R 2 (instigating a protest) Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, PGG Wrightson NZ Yearling Sales Series No.26 2YO Open Trot Final (Listed Race), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against B D SON (G D Smith), placed 7th by the judge (subsequently promoted to 5th following disqualification of the 4th and 5th placed horses) on the ground that it “broke gait in excess of 50 metres in the final 200 metres”
Mr G D Smith, trainer and driver of B D SON, had endorsed on the information form and signed “I do not contest the protest”.
The official placings for the race, following two earlier protests, were:
1st 6 One Muscle Hill
2nd 8 Springbank Lachie
3rd 5 Majestic Connies
4th 1 Marquis De Sade
5th 9 B D Son
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 a video replay of the race from about the 200 metres. He pointed out B D SON, driven by Mr Smith, racing in a distant 6th position as the field passed the 200 metres. Shortly thereafter, B D SON switched into a pace and continued on in that gait for approximately 200 metres, Mr Ydgren submitted. Mr Smith restrained the horse and attempted to return it to a pace, but was unable to do so.
reasonsfordecision:
The Committee was satisfied that B D SON had broken from its gait, free of interference, and that it had paced for a distance well 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 Smith did not contest the disqualification of B D SON.
Decision:
The protest was upheld and B D SON was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 6 One Muscle Hill
2nd 8 Springbank Lachie
3rd 5 Majestic Connies
4th 1 Marquis De Sade
5th 3 Success Counts
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: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: G D Smith, Licensed Open Horseman
StipendSteward:
raceid: 52b0d4c339696a72c39475cd4ce5df68
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef13c89fb0db9a526cca7073c78603bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2017
meet_title: NZ Metro TC - 12 May 2017
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