Archive Decision

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NZ Metro TC – 22 May 2009 – Race 2

ID: JCA22758

Hearing Type:
Old Hearing

Rules:
870.4, 1003.3, 870.3, 1003.2

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 22 May 2009

Race Date:
2009/05/22

Race Number:
Race 2

Decision:

Following the running of Race 2, The French Bakery Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against WESTWOOD SIOUX (C F Middleton), placed 2nd by the judge, on the ground of breaking from its gait “over the first 200 metres of the race”, in breach of Rule 870 (4) and the Breaking Horses Regulation.

--

 



Following the running of Race 2, The French Bakery Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against WESTWOOD SIOUX (C F Middleton), placed 2nd by the judge, on the ground of breaking from its gait “over the first 200 metres of the race”, in breach of Rule 870 (4) and the Breaking Horses Regulation.

--

Mr Middleton, the trainer/driver of WESTWOOD SIOUX was present at the hearing of the information and indicated that he was representing the connections of that horse. He waived reading of the Rule and Regulation.

--

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 its proper gait
 may (in addition to any other penalty imposed pursuant to Rule 1003 (3) 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:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply 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).

--

Mr Ydgren showed a video replay of the start of the Race, a 2600 metres mobile start event. WESTWOOD SIOUX had drawn barrier 4. Mr Ydgren alleged that WESTWOOD SIOUX had gone into a gallop just prior to the start and had galloped, he estimated, for a distance of 160 metres. He referred to the track markers which were 21.2 metres apart, he said. The Committee observed that WESTWOOD SIOUX had galloped just prior to the start and had continued in a gallop past 8 track markers.

--

Having heard the evidence of the Stewards and having seen the video replays, Mr Middleton admitted that WESTWOOD SIOUX had breached the Breaking Horses Regulation. He did not contest the protest.

--

The Committee was satisfied that WESTWOOD SIOUX had broken from its gait just prior to the start of the Race and had continued in a gallop for a distance of 150 metres or greater in breach of Rule 870 (4) and the Breaking Horses Regulation. Accordingly, the protest was upheld and WESTWOOD SIOUX was disqualified from the Race.

--

Consequent upon the disqualification, the amended result for the Race is:
1st   13  Valley of Fire
2nd  12   Annihilator
3rd    8   Thrill Seeker
4th    7   Brite Brook
5th    3   Lara Lass

--

R G McKenzie
Chair
14550

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: f8dbe7ba53a13af59adecdec7344cb12


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 22/05/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 22 May 2009 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 2, The French Bakery Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against WESTWOOD SIOUX (C F Middleton), placed 2nd by the judge, on the ground of breaking from its gait “over the first 200 metres of the race”, in breach of Rule 870 (4) and the Breaking Horses Regulation.

--

 



Following the running of Race 2, The French Bakery Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against WESTWOOD SIOUX (C F Middleton), placed 2nd by the judge, on the ground of breaking from its gait “over the first 200 metres of the race”, in breach of Rule 870 (4) and the Breaking Horses Regulation.

--

Mr Middleton, the trainer/driver of WESTWOOD SIOUX was present at the hearing of the information and indicated that he was representing the connections of that horse. He waived reading of the Rule and Regulation.

--

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 its proper gait
 may (in addition to any other penalty imposed pursuant to Rule 1003 (3) 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:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply 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).

--

Mr Ydgren showed a video replay of the start of the Race, a 2600 metres mobile start event. WESTWOOD SIOUX had drawn barrier 4. Mr Ydgren alleged that WESTWOOD SIOUX had gone into a gallop just prior to the start and had galloped, he estimated, for a distance of 160 metres. He referred to the track markers which were 21.2 metres apart, he said. The Committee observed that WESTWOOD SIOUX had galloped just prior to the start and had continued in a gallop past 8 track markers.

--

Having heard the evidence of the Stewards and having seen the video replays, Mr Middleton admitted that WESTWOOD SIOUX had breached the Breaking Horses Regulation. He did not contest the protest.

--

The Committee was satisfied that WESTWOOD SIOUX had broken from its gait just prior to the start of the Race and had continued in a gallop for a distance of 150 metres or greater in breach of Rule 870 (4) and the Breaking Horses Regulation. Accordingly, the protest was upheld and WESTWOOD SIOUX was disqualified from the Race.

--

Consequent upon the disqualification, the amended result for the Race is:
1st   13  Valley of Fire
2nd  12   Annihilator
3rd    8   Thrill Seeker
4th    7   Brite Brook
5th    3   Lara Lass

--

R G McKenzie
Chair
14550


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 870.4, 1003.3, 870.3, 1003.2


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4c61be9bbd1b5f1c2a089d92cc469ae5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6402d5f5438bd7c2ce267ed29e02d8d1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/05/2009


meet_title: NZ Metro TC - 22 May 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC