NZ Metro TC 17 May 2013 – R Non-Tote (instigating a protest)
ID: JCA14222
Meet Title:
NZ Metro TC - 17 May 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/05/17
Race Number:
Non Tote
Decision:
The protest was upheld and WHOZIDEAWASTHIS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st BURNING (1)
2nd UNCLE BEN (2)
3rd HIGHVIEW HIGHLANDER (4)
Mr McIntyre informed the Committee that the Club had advised him that they intended to pay the stake regardless of the disqualification, due to the conditions of the race.
Facts:
Following the running of the Non-Tote event, the Garrards Sires’ Stakes Series No.30 Two-Year-Old Silver, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against WHOZIDEAWASTHIS (M P Kerr), placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows:
1st BURNING (1)
2nd UNCLE BEN (2)
3rd HIGHVIEW HIGHLANDER (4)
4th WHOZIDEAWASTHIS (3)
The Information reads as follows:
“That horse number 3 breached the provisions of Rule 870(3) and the breaking Horse Regulations in that WHOZIDEAWASTHIS broke in excess of 50m in the final 200m.”
Mr M P Kerr, driver of WHOZIDEAWASTHIS had endorsed on the information form and signed, as agent, “I do not contest the protest”. Mr Kerr had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes 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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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:
Co-Chief Stipendiary Steward, Mr N G McIntyre, represented the informant, Mr Wallis, at the hearing. Mr McIntyre showed a video replay of the last 200m of the race. He pointed out WHOZIDEAWASTHIS driven by Mr Kerr, inside the 200m when in 4th place, go into a break outside the 50m mark and continue in a break until the winning post finishing in 4th place. Mr McIntyre submitted that WHOZIDEAWASTHIS had been in a break for at least 60m in the final 200m of the race.
Mr McIntyre submitted that the Stewards were seeking disqualification of WHOZIDEAWASTHIS.
Reasons for Decision:
The Committee was satisfied that WHOZIDEAWASTHIS had gone into a break inside the final 200m and had continued on in the break in excess of 50m. We were also satisfied that WHOZIDEAWASTHIS was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
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: a97579d9be0dcc28b1f231edec42fa2a
informantnumber: A1877
horsename: WHOZIDEAWASTHIS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/05/2013
hearing_title: NZ Metro TC 17 May 2013 - R Non-Tote (instigating a protest)
charge:
facts:
Following the running of the Non-Tote event, the Garrards Sires’ Stakes Series No.30 Two-Year-Old Silver, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against WHOZIDEAWASTHIS (M P Kerr), placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows:
1st BURNING (1)
2nd UNCLE BEN (2)
3rd HIGHVIEW HIGHLANDER (4)
4th WHOZIDEAWASTHIS (3)
The Information reads as follows:
“That horse number 3 breached the provisions of Rule 870(3) and the breaking Horse Regulations in that WHOZIDEAWASTHIS broke in excess of 50m in the final 200m.”
Mr M P Kerr, driver of WHOZIDEAWASTHIS had endorsed on the information form and signed, as agent, “I do not contest the protest”. Mr Kerr had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes 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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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:
Co-Chief Stipendiary Steward, Mr N G McIntyre, represented the informant, Mr Wallis, at the hearing. Mr McIntyre showed a video replay of the last 200m of the race. He pointed out WHOZIDEAWASTHIS driven by Mr Kerr, inside the 200m when in 4th place, go into a break outside the 50m mark and continue in a break until the winning post finishing in 4th place. Mr McIntyre submitted that WHOZIDEAWASTHIS had been in a break for at least 60m in the final 200m of the race.
Mr McIntyre submitted that the Stewards were seeking disqualification of WHOZIDEAWASTHIS.
reasonsfordecision:
The Committee was satisfied that WHOZIDEAWASTHIS had gone into a break inside the final 200m and had continued on in the break in excess of 50m. We were also satisfied that WHOZIDEAWASTHIS was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
Decision:
The protest was upheld and WHOZIDEAWASTHIS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st BURNING (1)
2nd UNCLE BEN (2)
3rd HIGHVIEW HIGHLANDER (4)
Mr McIntyre informed the Committee that the Club had advised him that they intended to pay the stake regardless of the disqualification, due to the conditions of the race.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)and Breaking Horses Regulations
Informant: SW Wallis-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: NG McIntyre-Co-Chief Stipendiary Steward
Respondent: M Kerr-Junior Driver
StipendSteward:
raceid: ae35c450af43015776eeb2d460f9d8ac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Non Tote
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 26f04d5cda237154682ebd0f5011b0d1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2013
meet_title: NZ Metro TC - 17 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC