NZ Metro TC 20 December 2011 – R 8 (instigating a protest)
ID: JCA10709
Meet Title:
NZ Metro TC - 20 December 2011
Meet Chair:
JMillar
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/12/20
Race Number:
R8
Decision:
The protest was upheld and “Dixie Belle” was disqualified from 3rd placing.
The amended placings are as follows:
1st – Western Flare (8)
2nd- Mullingar Mac (9)
3rd – Franco Transit (5)
4th – Bowenvale (4)
5th – Mullaghmore (2)
Facts:
Following the running of race 8, the Bishopdale/Bush Inn Your Destination TAB’S Amateur Drivers Mobile Pace, an information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging “Dixie Belle” (7), which finished 3rd past the post, was in a break for a distance in excess of 150 metres during the race, which was in breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr J Bates, Trainer of “Dixie Belle” had endorsed and signed the information form, “I do not contest the disqualification of the horse”
Mr Ydgren advised that Mr Bates did not wish to attend.
The Judges official placing were as follows:
1st – Western Flare (8)
2nd – Mullingar Mac (9)
3rd –Dixie Belle (7)
4th –Franco Transit (5)
5th – Bowenvale (4)
6th -Mullaghmore (2)
The Information reads as follows:
“Dixie Belle broke over 150m during the running” Rule 870 (3).
Rule 870 (3) provides as follows:
“”Any horse which breaks from its gait shall promptly regain its proper gait”
Clause (a) of the “Breaking Horses” Regulations provides as follows:
“Any horse which breaks from its gait either at the start or during the running of any race and continues on in a break 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;
relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
disqualify it from the race under Rule 1003 (2)”
Submissions for Decision:
Mr Ydgren with the assistance of the race video illustrated that “Dixie Belle” had broken from its correct gait shortly after the start and had continued in a gallop for a distance of about 170 metres. (The horse continued in a break past at least 18 pylons which are 9.5 metres apart) This was well in excess of the allowable 150 metres under the Breaking Horses Regulations.
Mr Ydgren made a submission that “Dixie Belle” should be disqualified.
Reasons for Decision:
The protest was not contested and we are satisfied that “Dixie Belle” galloped in excess of 150 metres shortly after the start and should be disqualified from its 3rd placing under the provisions of Rule 1003 (2).
JCA Decision Fields (raw)
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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: 093b16edc21cda2367dbc17d75b960e8
informantnumber: A5336
horsename: DIXIE BELLE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: NZ Metro TC 20 December 2011 - R 8 (instigating a protest)
charge:
facts:
Following the running of race 8, the Bishopdale/Bush Inn Your Destination TAB’S Amateur Drivers Mobile Pace, an information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging “Dixie Belle” (7), which finished 3rd past the post, was in a break for a distance in excess of 150 metres during the race, which was in breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr J Bates, Trainer of “Dixie Belle” had endorsed and signed the information form, “I do not contest the disqualification of the horse”
Mr Ydgren advised that Mr Bates did not wish to attend.
The Judges official placing were as follows:
1st – Western Flare (8)
2nd – Mullingar Mac (9)
3rd –Dixie Belle (7)
4th –Franco Transit (5)
5th – Bowenvale (4)
6th -Mullaghmore (2)
The Information reads as follows:
“Dixie Belle broke over 150m during the running” Rule 870 (3).
Rule 870 (3) provides as follows:
“”Any horse which breaks from its gait shall promptly regain its proper gait”
Clause (a) of the “Breaking Horses” Regulations provides as follows:
“Any horse which breaks from its gait either at the start or during the running of any race and continues on in a break 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;
relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
disqualify it from the race under Rule 1003 (2)”
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren with the assistance of the race video illustrated that “Dixie Belle” had broken from its correct gait shortly after the start and had continued in a gallop for a distance of about 170 metres. (The horse continued in a break past at least 18 pylons which are 9.5 metres apart) This was well in excess of the allowable 150 metres under the Breaking Horses Regulations.
Mr Ydgren made a submission that “Dixie Belle” should be disqualified.
reasonsfordecision:
The protest was not contested and we are satisfied that “Dixie Belle” galloped in excess of 150 metres shortly after the start and should be disqualified from its 3rd placing under the provisions of Rule 1003 (2).
Decision:
The protest was upheld and “Dixie Belle” was disqualified from 3rd placing.
The amended placings are as follows:
1st – Western Flare (8)
2nd- Mullingar Mac (9)
3rd – Franco Transit (5)
4th – Bowenvale (4)
5th – Mullaghmore (2)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J Bates - Licensed Trainer, Mr S Murtha - Amateur Driver
StipendSteward:
raceid: fe837faffa99e779bddc000e93815cd8
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: b8f570ee3b72dda482f16ca27145f4ff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2011
meet_title: NZ Metro TC - 20 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC