NZ Metro TC 15 November 2013 – R 8 (instigating a protest)
ID: JCA14756
Meet Title:
NZ Metro TC - 15 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/11/15
Race Number:
R8
Decision:
The protest was upheld and DIXIE COMMANDO was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 2 Sunny Kash
2nd 4 Pretty Sunday
3rd 5 Yankee One
4th 1 Whitney
5th 13 Raydon
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 8, Fahey Fence Hire Handicap Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against DIXIE COMMANDO (J B Geddes), placed 5th by the judge, on the grounds that “near the 2350 metres [it] galloped and continued to break in excess of 150 metres”.
Mr J B Geddes, part-owner, co-trainer and driver of DIXIE COMMANDO, had endorsed and signed the information form “I do not contest the disqualification of DIXIE COMMANDO”. Mr McIntyre confirmed that Mr Geddes did not wish to be present at the protest hearing.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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).
Submissions for Decision:
Mr McIntyre showed a video replay of the early stages of the race. He pointed out DIXIE COMMANDO, driven by Mr Geddes, leading the field shortly after the start of the 2600 metres standing start event. Approximately 40 metres prior to the winning post, he pointed out the horse break from its gait and continue in a gallop for some distance. The horse then settled into its proper gait and eventually finished in 5th placing. It was estimated that DIXIE COMMANDO had galloped for approximately 170-180 metres. Mr McIntyre sought disqualification of DIXIE COMMANDO.
Reasons for Decision:
The Committee was satisfied that DIXIE COMMANDO had broken from its gait and had continued in a gallop for approximately 180 metres during the running of the race and was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. It was clearly in breach of the Breaking Horses Regulation in that it had galloped for a distance in excess of 150 metres during the running of the race.
The Committee also noted that Mr Geddes did not contest the protest.
It was appropriate to disqualify the horse from the race under Rule 1003 (2).
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: 781038568c4d080ab6c463d02bcf0ee5
informantnumber: A1567
horsename: Dixie Commando
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/11/2013
hearing_title: NZ Metro TC 15 November 2013 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, Fahey Fence Hire Handicap Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against DIXIE COMMANDO (J B Geddes), placed 5th by the judge, on the grounds that “near the 2350 metres [it] galloped and continued to break in excess of 150 metres”.
Mr J B Geddes, part-owner, co-trainer and driver of DIXIE COMMANDO, had endorsed and signed the information form “I do not contest the disqualification of DIXIE COMMANDO”. Mr McIntyre confirmed that Mr Geddes did not wish to be present at the protest hearing.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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).
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the early stages of the race. He pointed out DIXIE COMMANDO, driven by Mr Geddes, leading the field shortly after the start of the 2600 metres standing start event. Approximately 40 metres prior to the winning post, he pointed out the horse break from its gait and continue in a gallop for some distance. The horse then settled into its proper gait and eventually finished in 5th placing. It was estimated that DIXIE COMMANDO had galloped for approximately 170-180 metres. Mr McIntyre sought disqualification of DIXIE COMMANDO.
reasonsfordecision:
The Committee was satisfied that DIXIE COMMANDO had broken from its gait and had continued in a gallop for approximately 180 metres during the running of the race and was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. It was clearly in breach of the Breaking Horses Regulation in that it had galloped for a distance in excess of 150 metres during the running of the race.
The Committee also noted that Mr Geddes did not contest the protest.
It was appropriate to disqualify the horse from the race under Rule 1003 (2).
Decision:
The protest was upheld and DIXIE COMMANDO was disqualified from the race. Consequent upon the disqualification, the amended result for the race is as follows:
1st 2 Sunny Kash
2nd 4 Pretty Sunday
3rd 5 Yankee One
4th 1 Whitney
5th 13 Raydon
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: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: J B Geddes, Licensed Open Horseman
StipendSteward:
raceid: 85d21d5e24ef06f29151e7006684c229
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6a55373ea6b3b9160aa9da74decd42ca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2013
meet_title: NZ Metro TC - 15 November 2013
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