NZ Metro TC 24 August 2017 – R 5 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA12916
Meet Title:
NZ Metro TC - 24 August 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2017/08/24
Race Number:
R5
Decision:
The protest was upheld and RUM IN THE SUN was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 7 Medusa
2nd 6 Unique Marshall
3rd 9 Cuddly Jess
4th 8 Idle Moose
5th 1 Stellar Success
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, Kiwi Punters Championship 4 – Starts September 1 Mobile Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against RUM IN THE SUN (J W Cox), placed 2nd by the judge, on the ground that it “galloped in excess of 50 metres in the final 200 metres”.
Mr J W Cox, driver of RUM IN THE SUN, had endorsed on the information form and signed “I do not contest the protest”. Mr Ydgren confirmed that Mr Cox did not wish to be present at the protest hearing.
The official placings for the race were:
1st 7 Medusa
2nd 10 Rum in the Sun
3rd 6 Unique Marshall
4th 9 Cuddly Jess
5th 8 Idle Moose
Rule 870 provides as follows:
(3) Any horse which breaks 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 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. He pointed out RUM IN THE SUN, driven by Mr Cox, in the middle of the track and challenging for the lead as the field passed the 100 metres. Shortly thereafter, the horse went into a gallop, free of interference, and was restrained by Mr Cox but continued on in a gallop past the finishing line, finishing in 2nd placing.
Mr Ydgren pointed out a marker on the inside of the track, marking the point 50 metres from the finishing line. He demonstrated on the video replay that RUM IN THE SUN had been in a gallop prior to its passing that marker.
Mr Ydgren submitted that the horse had galloped for a distance of approximately 60 metres. He sought disqualification of RUM IN THE SUN.
Reasons for Decision:
The Committee was satisfied that RUM IN THE SUN had broken from its gait, free of interference, approximately 60 metres from the finishing line and had continued on in a gallop past the finishing line, being placed 2nd across the line and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee also noted that Mr Cox did not contest the disqualification of RUM IN THE SUN.
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: 686f9fb0e9ced2350d0aff12d5f7b0f8
informantnumber: A5531
horsename: Rum in the Sun
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/08/2017
hearing_title: NZ Metro TC 24 August 2017 - R 5 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Kiwi Punters Championship 4 – Starts September 1 Mobile Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against RUM IN THE SUN (J W Cox), placed 2nd by the judge, on the ground that it “galloped in excess of 50 metres in the final 200 metres”.
Mr J W Cox, driver of RUM IN THE SUN, had endorsed on the information form and signed “I do not contest the protest”. Mr Ydgren confirmed that Mr Cox did not wish to be present at the protest hearing.
The official placings for the race were:
1st 7 Medusa
2nd 10 Rum in the Sun
3rd 6 Unique Marshall
4th 9 Cuddly Jess
5th 8 Idle Moose
Rule 870 provides as follows:
(3) Any horse which breaks 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 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. He pointed out RUM IN THE SUN, driven by Mr Cox, in the middle of the track and challenging for the lead as the field passed the 100 metres. Shortly thereafter, the horse went into a gallop, free of interference, and was restrained by Mr Cox but continued on in a gallop past the finishing line, finishing in 2nd placing.
Mr Ydgren pointed out a marker on the inside of the track, marking the point 50 metres from the finishing line. He demonstrated on the video replay that RUM IN THE SUN had been in a gallop prior to its passing that marker.
Mr Ydgren submitted that the horse had galloped for a distance of approximately 60 metres. He sought disqualification of RUM IN THE SUN.
reasonsfordecision:
The Committee was satisfied that RUM IN THE SUN had broken from its gait, free of interference, approximately 60 metres from the finishing line and had continued on in a gallop past the finishing line, being placed 2nd across the line and had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation.
The Committee also noted that Mr Cox did not contest the disqualification of RUM IN THE SUN.
Decision:
The protest was upheld and RUM IN THE SUN was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 7 Medusa
2nd 6 Unique Marshall
3rd 9 Cuddly Jess
4th 8 Idle Moose
5th 1 Stellar Success
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horses Regulation
Informant: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: M K Palermo, Holder of Licence to Train
StipendSteward:
raceid: e1e8981651165912c32b0f98f897374f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 31c201945f6e90ba088a0ddf55c83846
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2017
meet_title: NZ Metro TC - 24 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC