Archive Decision

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NZ Metro TC 15 November 2019 – R 9 (instigating a protest) – Chair, Mr D Anderson

ID: JCA18040

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr R Dunn - Trainer of VALLORIA

Information Number:
A12869

Hearing Type:
Protest

Rules:
870(3) and the Breaking Horses Regulations

Meet Title:
NZ Metro TC - 15 November 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/11/15

Race Number:
R 9

Decision:

The Protest is upheld and VALLORIA is disqualified from the race.

The amended result is:

1st   5 HABIBI INTA
2ND 6 TOUGH MONARCH
3RD 7 MONTY PYTHON
4TH 1 MARCOOLA
5TH 10 MCLOVIN
6TH 8 DIDJABRINGTHEBEERS

The Committee authorise the payment of dividends and stakes in accordance with this amended result.

Facts:

Following the running of race 9, an Information instigating a protest was filed by Chief Stipendiary Steward Mr N Ydgren, against VALLORIA (J Dunn), placed 5th by the judge, on the grounds that it “galloped in excess of 150 metres in the early stages” thereby breaching Rule 870(3) and the Breaking Horse Regulations.

The official placings for the race were:

1st – 5 HABIBI INTA
2nd – 6 TOUGH MONARCH
3rd – 7 MONTY PYTHON
4th – 1 MARCOOLA
5th – 11 VALLORIA
6th – 10 MCLOVIN

Rule 870(3) provides: that any horse which breaks from its gait during a race must promptly return to its correct gait.

Relevant clauses from the Breaking Horse Regulations state: -

(a)-Any horse which breaks from it’s gait either at the start or during the running of any race and continues on in a break for a distance of 150 metres or greater shall be in breach of Rule 870(3) in that it has failed to properly regain it’s proper gait.

Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or it’s horseman then [subject to Rule 869A] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Ydgren with the assistance of Mr Renault showed the race video replay of the first 500 metres of the race. He identified VALLORIA who had begun well and was contesting the lead. After 150 metres he pointed to VALLORIA break stride and gallop and continue on in a gallop for approximately 180 metres. Mr Ydgren said this was clearly more than the 150 metres allowed in the Regulations.

Mr Ydgren then replayed the video and counted the pylons and their metre spaces for Mr Dunn and the Committee.

Mr Dunn asked to review the film again as he thought his horse may have returned to a trot for a stride or two within it’s gallop but after two replays was convinced it didn’t. He then signed the Information “I do not contest the protest”.

Reasons for Decision:

The Committee was satisfied that VALLORIA had broken from its gait, for more than 150 metres, as was the Respondent.

The Committee after considering all the evidence and viewing the available films upheld 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: e661792770329a532b9b2f7091dcfb13


informantnumber: A12869


horsename: VALLORIA


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 19/11/2019


hearing_title: NZ Metro TC 15 November 2019 - R 9 (instigating a protest) - Chair, Mr D Anderson


charge:


facts:

Following the running of race 9, an Information instigating a protest was filed by Chief Stipendiary Steward Mr N Ydgren, against VALLORIA (J Dunn), placed 5th by the judge, on the grounds that it “galloped in excess of 150 metres in the early stages” thereby breaching Rule 870(3) and the Breaking Horse Regulations.

The official placings for the race were:

1st – 5 HABIBI INTA
2nd – 6 TOUGH MONARCH
3rd – 7 MONTY PYTHON
4th – 1 MARCOOLA
5th – 11 VALLORIA
6th – 10 MCLOVIN

Rule 870(3) provides: that any horse which breaks from its gait during a race must promptly return to its correct gait.

Relevant clauses from the Breaking Horse Regulations state: -

(a)-Any horse which breaks from it’s gait either at the start or during the running of any race and continues on in a break for a distance of 150 metres or greater shall be in breach of Rule 870(3) in that it has failed to properly regain it’s proper gait.

Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or it’s horseman then [subject to Rule 869A] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren with the assistance of Mr Renault showed the race video replay of the first 500 metres of the race. He identified VALLORIA who had begun well and was contesting the lead. After 150 metres he pointed to VALLORIA break stride and gallop and continue on in a gallop for approximately 180 metres. Mr Ydgren said this was clearly more than the 150 metres allowed in the Regulations.

Mr Ydgren then replayed the video and counted the pylons and their metre spaces for Mr Dunn and the Committee.

Mr Dunn asked to review the film again as he thought his horse may have returned to a trot for a stride or two within it’s gallop but after two replays was convinced it didn’t. He then signed the Information “I do not contest the protest”.


reasonsfordecision:

The Committee was satisfied that VALLORIA had broken from its gait, for more than 150 metres, as was the Respondent.

The Committee after considering all the evidence and viewing the available films upheld the protest.


Decision:

The Protest is upheld and VALLORIA is disqualified from the race.

The amended result is:

1st   5 HABIBI INTA
2ND 6 TOUGH MONARCH
3RD 7 MONTY PYTHON
4TH 1 MARCOOLA
5TH 10 MCLOVIN
6TH 8 DIDJABRINGTHEBEERS

The Committee authorise the payment of dividends and stakes in accordance with this amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and the Breaking Horses Regulations


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Renault - Stipendiary Steward, Mr R Dunn - Trainer of VALLORIA


Respondent: Mr R Dunn - Trainer of VALLORIA


StipendSteward:


raceid: 2c77953e85f0ae18108d8cf15980c590


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1b9ddbe081992d0450022c38ac2e1a84


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/11/2019


meet_title: NZ Metro TC - 15 November 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC