Archive Decision

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NZ Metro TC 2 September 2016 – R 1 (instigating a protest) – Chair, Mr R McKenzie

ID: JCA16147

Applicant:
N M Ydgren, Chief Stipendiary Steward

Respondent(s):
B K Mowbray, Licensed Public Trainer

Information Number:
A8309

Hearing Type:
Protest

Rules:
870(3)& Breaking Horses Regulation

Meet Title:
NZ Metro TC - 2 September 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DJackson

Race Date:
2016/09/02

Race Number:
R1

Decision:

The protest was upheld and TIGER THOMPSON was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st 11 Forgotten Highway
2nd  7 Shineonucrazydiamond
3rd  4 Rock Diamonds
4th  9 The Bachelor
5th12 Speedy Mach

It was ordered that stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 1, Christchurch Casino Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against TIGER THOMPSON (B H Cusdin), placed 5th by the judge, on the ground that it “broke in excess of 50 metres inside the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr B K Mowbray, the trainer of TIGER THOMPSON, had endorsed and signed the information form “I do not contest disqualification of TIGER THOMPSON”.

The judge’s official placings for the race were:

1st   11 Forgotten Highway
2nd  7  Shineonucrazydiamond
3rd  4  Rock Diamonds
4th  9  The Bachelor
5th  5  Tiger Thompson

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 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).

Submissions for Decision:

Mr Ydgren showed a video replay of the final 200 metres of the race and pointed out TIGER THOMPSON, racing in 5th position passing the 100 metres, pace roughly and go into a gallop and continue on in a gallop to the finishing line. Mr Ydgren pointed out the 50 metres marker on the inside of the track, and submitted that TIGER THOMPSON was in a gallop well before that marker.

He sought disqualification of TIGER THOMPSON from the race.

Reasons for Decision:

The Committee was clearly satisfied from the video evidence that TIGER THOMPSON had broken from its gait, free of interference, inside the 100 metres, and clearly before the 50 metres marker, and had continued on in a gallop to the finishing line in breach of Rule 870(3) of the Breaking Horses Regulation. It was also noted that trainer, Mr Mowbray, did not contest 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: c2c612ede7ba8a6246e7006822eefb75


informantnumber: A8309


horsename: Tiger Thompson


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 05/09/2016


hearing_title: NZ Metro TC 2 September 2016 - R 1 (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 1, Christchurch Casino Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against TIGER THOMPSON (B H Cusdin), placed 5th by the judge, on the ground that it “broke in excess of 50 metres inside the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr B K Mowbray, the trainer of TIGER THOMPSON, had endorsed and signed the information form “I do not contest disqualification of TIGER THOMPSON”.

The judge’s official placings for the race were:

1st   11 Forgotten Highway
2nd  7  Shineonucrazydiamond
3rd  4  Rock Diamonds
4th  9  The Bachelor
5th  5  Tiger Thompson

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 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).


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed a video replay of the final 200 metres of the race and pointed out TIGER THOMPSON, racing in 5th position passing the 100 metres, pace roughly and go into a gallop and continue on in a gallop to the finishing line. Mr Ydgren pointed out the 50 metres marker on the inside of the track, and submitted that TIGER THOMPSON was in a gallop well before that marker.

He sought disqualification of TIGER THOMPSON from the race.


reasonsfordecision:

The Committee was clearly satisfied from the video evidence that TIGER THOMPSON had broken from its gait, free of interference, inside the 100 metres, and clearly before the 50 metres marker, and had continued on in a gallop to the finishing line in breach of Rule 870(3) of the Breaking Horses Regulation. It was also noted that trainer, Mr Mowbray, did not contest the protest.


Decision:

The protest was upheld and TIGER THOMPSON was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st 11 Forgotten Highway
2nd  7 Shineonucrazydiamond
3rd  4 Rock Diamonds
4th  9 The Bachelor
5th12 Speedy Mach

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 M Ydgren, Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: B K Mowbray, Licensed Public Trainer


StipendSteward:


raceid: b161b747992fe94ae372905ad6b3f19b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8f40e49fe805fb05b78425840170575e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/09/2016


meet_title: NZ Metro TC - 2 September 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DJackson


meet_pm2: none


name: NZ Metro TC