NZ Metro TC 12 May 2017 – R 5 (instigating a protest) Chair, Mr R McKenzie
ID: JCA12476
Meet Title:
NZ Metro TC - 12 May 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/05/12
Race Number:
R5
Decision:
The protest was upheld and ROYAL SHINE was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows
1st 4 Doctor Bones
2nd 8 Wilma’s Mate
3rd 1 The Foot Tapper
4th 7 Tornado Valley
5th 3 Missandei
It was ordered that stakes be paid in accordance with that amended resulted.
Facts:
Following the running of Race 5, Canterbury Copy Service Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against ROYAL SHINE (D J Dunn), placed 5th by the judge on the ground that it “broke in excess of 50 metres in the final 200 metres”.
Mr M J Smolenski, representing Mr S F Smolenski, trainer of ROYAL SHINE, had endorsed on the information form and signed “I don’t contest the protest”.
The judge’s official placings for the race were:
1st 4 Doctor Bones
2nd 8 Wilma’s Mate
3rd 1 The Foot Tapper
4th 7 Tornado Valley
5th 5 Royal Shine
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 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 final 300 metres of the race. He pointed out ROYAL SHINE, driven by Mr Dunn, racing in the one-one position as the field entered the final straight. Shortly thereafter, when Mr Dunn pulled the horse out for a run, it went into a gallop, free of interference, and continued on in a gallop from inside the 200 metres. The horse galloped for a total distance of approximately 150 metres, Mr Ydgren submitted, before settling back into a trot over the final 30 metres or so.
Reasons for Decision:
The Committee was satisfied that ROYAL SHINE had broken from its gait, free of interference, inside the final 200 metres and had continued on in a gallop for approximately 150 metres, before settling back into a trot and finishing in 5th placing. The Committee was satisfied that ROYAL SHINE had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee also noted that Mr Smolenski 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: 6132245100c3c5c8a863a818807cf912
informantnumber: A8972
horsename: Royal Shine
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/05/2017
hearing_title: NZ Metro TC 12 May 2017 - R 5 (instigating a protest) Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Canterbury Copy Service Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against ROYAL SHINE (D J Dunn), placed 5th by the judge on the ground that it “broke in excess of 50 metres in the final 200 metres”.
Mr M J Smolenski, representing Mr S F Smolenski, trainer of ROYAL SHINE, had endorsed on the information form and signed “I don’t contest the protest”.
The judge’s official placings for the race were:
1st 4 Doctor Bones
2nd 8 Wilma’s Mate
3rd 1 The Foot Tapper
4th 7 Tornado Valley
5th 5 Royal Shine
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 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 final 300 metres of the race. He pointed out ROYAL SHINE, driven by Mr Dunn, racing in the one-one position as the field entered the final straight. Shortly thereafter, when Mr Dunn pulled the horse out for a run, it went into a gallop, free of interference, and continued on in a gallop from inside the 200 metres. The horse galloped for a total distance of approximately 150 metres, Mr Ydgren submitted, before settling back into a trot over the final 30 metres or so.
reasonsfordecision:
The Committee was satisfied that ROYAL SHINE had broken from its gait, free of interference, inside the final 200 metres and had continued on in a gallop for approximately 150 metres, before settling back into a trot and finishing in 5th placing. The Committee was satisfied that ROYAL SHINE had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee also noted that Mr Smolenski did not contest the protest.
Decision:
The protest was upheld and ROYAL SHINE was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows
1st 4 Doctor Bones
2nd 8 Wilma’s Mate
3rd 1 The Foot Tapper
4th 7 Tornado Valley
5th 3 Missandei
It was ordered that stakes be paid in accordance with that amended resulted.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horses Regulation
Informant: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr MJ Smolenski - Licensed Public Trainer representing Trainer, SF Smolenski
StipendSteward:
raceid: 1aa3b51170c47ba5e4d5d6bfe2f8a770
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
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