NZ Metro TC 14 February 2013 – R 2 (instigating a protest)
ID: JCA13493
Meet Title:
NZ Metro TC - 14 February 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/02/14
Race Number:
R2
Decision:
The protest was upheld and SHELL SEEKER was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 2 Twentyten
2nd 1 Trouble Rieu
3rd 5 Moment of Love
4th 4 Hot Pants
Disqualified Shell Seeker
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 2, Dash Tickets Mobile Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against SHELL SEEKER (D J Dunn), placed 4th by the judge, on the grounds that it “broke in excess of 50 metres in the final 200 metres”, in breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr Dunn had endorsed on the information form and signed “I do not contest the protest”. He was not present at the protest hearing.
Rule 869 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).
The judge’s placings in the race were as follows:
1st Twentyten
2nd Trouble Rieu
3rd Moment of Love
4th Shell Seeker
5th Hot Pants
Submissions for Decision:
Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out SHELL SEEKER, driven by Mr Dunn, racing in the trail behind the leader, TWENTYTEN, go into a break at about the 220 metres. He pointed out the 200 metres mark and then, with reference to the distance between the pylons (20 metres), submitted that the horse had continued in a gallop for approximately 110 metres in the run home. SHELL SEEKER had finished in 4th placing.
Reasons for Decision:
The Committee was satisfied that SHELL SEEKER had left its correct gait and had failed to promptly regain its proper gait, in breach of Rule 870 (3), in that it had continued in a gallop for a distance of approximately 110 metres within the final 220 metres of the race, in breach of the Breaking Horses Regulation. The allegation in the information was that SHELL SEEKER had galloped for a distance in excess of 50 metres in the final 200 metres, which had clearly been proved to the Committee’s satisfaction. It was appropriate that the horse be disqualified in terms of the Regulation.
JCA Decision Fields (raw)
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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: 3db07684ae984aeaa484d8bc1462e657
informantnumber: A1819
horsename: Shell Seeker
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/01/2013
hearing_title: NZ Metro TC 14 February 2013 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, Dash Tickets Mobile Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against SHELL SEEKER (D J Dunn), placed 4th by the judge, on the grounds that it “broke in excess of 50 metres in the final 200 metres”, in breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr Dunn had endorsed on the information form and signed “I do not contest the protest”. He was not present at the protest hearing.
Rule 869 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).
The judge’s placings in the race were as follows:
1st Twentyten
2nd Trouble Rieu
3rd Moment of Love
4th Shell Seeker
5th Hot Pants
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out SHELL SEEKER, driven by Mr Dunn, racing in the trail behind the leader, TWENTYTEN, go into a break at about the 220 metres. He pointed out the 200 metres mark and then, with reference to the distance between the pylons (20 metres), submitted that the horse had continued in a gallop for approximately 110 metres in the run home. SHELL SEEKER had finished in 4th placing.
reasonsfordecision:
The Committee was satisfied that SHELL SEEKER had left its correct gait and had failed to promptly regain its proper gait, in breach of Rule 870 (3), in that it had continued in a gallop for a distance of approximately 110 metres within the final 220 metres of the race, in breach of the Breaking Horses Regulation. The allegation in the information was that SHELL SEEKER had galloped for a distance in excess of 50 metres in the final 200 metres, which had clearly been proved to the Committee’s satisfaction. It was appropriate that the horse be disqualified in terms of the Regulation.
Decision:
The protest was upheld and SHELL SEEKER was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 2 Twentyten
2nd 1 Trouble Rieu
3rd 5 Moment of Love
4th 4 Hot Pants
Disqualified Shell Seeker
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horses Regulation
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: D J Dunn, Licensed Open Horseman
StipendSteward:
raceid: 6a26afedc996b93821e23ed6be78e05d
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: 787195ffcf22b1ad1fe1c120c4ec4c3a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/02/2013
meet_title: NZ Metro TC - 14 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC