NZ Metro TC – 15 May 2009 – Race 4
ID: JCA22153
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 15 May 2009
Race Date:
2009/05/15
Race Number:
Race 4
Decision:
Following the running of Race 4, Walker Davey Limited Free-For-All Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SNO’S BIG BOY (A G Herlihy), placed 4th by the judge, on the ground that SNO’S BIG BOY “broke over approximately 200 metres over the early stages”.
--
Following the running of Race 4, Walker Davey Limited Free-For-All Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SNO’S BIG BOY (A G Herlihy), placed 4th by the judge, on the ground that SNO’S BIG BOY “broke over approximately 200 metres over the early stages”.
--Mr Herlihy was present at the hearing of the information and he indicated to the Committee that he represented the connections of SNO’S BIG BOY.
--Rule 870 (3) provides as follows:
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 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)
Mr N G McIntyre, Stipendiary Steward, showed a video replay of the first 300-400 metres of the Race. He pointed out SNO’S BIG BOY, drawn barrier No. 3 at the mobile 2660 metres event, break from its gait shortly after the start and continue in a gallop, he alleged, for approximately 200 metres.
--Mr Herlihy told the Committee that he could have got the horse back into its gait a lot earlier but, had he attempted to do so, he would have been likely to cause interference to two or three of the following runners or runners around him. He said that when he eventually took hold of the horse, it came down trotting straight away. Mr Herlihy did not dispute the alleged distance over which the horse galloped. The horse had gone a “great race” for 4th after breaking early, he said.
--In terms of the Breaking Horses Regulation, the Committee, being satisfied that the horse had breached the Regulation, had no discretion but was required to disqualify SNO’S BIG BOY. Accordingly, the protest was upheld and SNO’S BIG BOY was disqualified from the Race. Consequent upon the disqualification, the amended placings for the Race are as follows:
--1st 2 Makarewa Sun
2nd 6 Domination
3rd 5 Running On Time
4th 11 Day of Reckoning
5th 9 Glenbogle
R G McKenzie
CHAIRMAN
14183
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: cee6137d7f37b11f3d64d68e9f09206c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 15 May 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, Walker Davey Limited Free-For-All Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SNO’S BIG BOY (A G Herlihy), placed 4th by the judge, on the ground that SNO’S BIG BOY “broke over approximately 200 metres over the early stages”.
--
Following the running of Race 4, Walker Davey Limited Free-For-All Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SNO’S BIG BOY (A G Herlihy), placed 4th by the judge, on the ground that SNO’S BIG BOY “broke over approximately 200 metres over the early stages”.
--Mr Herlihy was present at the hearing of the information and he indicated to the Committee that he represented the connections of SNO’S BIG BOY.
--Rule 870 (3) provides as follows:
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 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)
Mr N G McIntyre, Stipendiary Steward, showed a video replay of the first 300-400 metres of the Race. He pointed out SNO’S BIG BOY, drawn barrier No. 3 at the mobile 2660 metres event, break from its gait shortly after the start and continue in a gallop, he alleged, for approximately 200 metres.
--Mr Herlihy told the Committee that he could have got the horse back into its gait a lot earlier but, had he attempted to do so, he would have been likely to cause interference to two or three of the following runners or runners around him. He said that when he eventually took hold of the horse, it came down trotting straight away. Mr Herlihy did not dispute the alleged distance over which the horse galloped. The horse had gone a “great race” for 4th after breaking early, he said.
--In terms of the Breaking Horses Regulation, the Committee, being satisfied that the horse had breached the Regulation, had no discretion but was required to disqualify SNO’S BIG BOY. Accordingly, the protest was upheld and SNO’S BIG BOY was disqualified from the Race. Consequent upon the disqualification, the amended placings for the Race are as follows:
--1st 2 Makarewa Sun
2nd 6 Domination
3rd 5 Running On Time
4th 11 Day of Reckoning
5th 9 Glenbogle
R G McKenzie
CHAIRMAN
14183
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870.3, 870.4, 1003.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 85408ab71fc1bbf3395eeeee83d61828
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e021ca4f644403670f7d40553bbe1f4f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2009
meet_title: NZ Metro TC - 15 May 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC