Archive Decision

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NZ Metro TC 26 July 2019 – R 7 (Instigating a Protest) – Chair, Mr S Ching

ID: JCA17239

Applicant:
N Ydgren- Chief Stipendiary Steward

Respondent(s):
B Hope-Junior Horseman

Information Number:
A10754

Hearing Type:
Protest

Rules:
870 (3) (Instigating a Protest) and Breaking Horses Regulations

Meet Title:
NZ Metro TC - 26 July 2019

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2019/07/26

Race Number:
R3

Decision:

The protest was upheld, and EASY PICKINGS was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:

1st NEVER MIND (3)
2nd DIANA HARBOUR (1)
3rd SUGAR CANE (8)
4th THE BLOSS (7)
5th AGATHA TYRON (6)
6th RUSTY I AM (2)

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

Facts:

Following the running of Race 7, the Darren DeFilippi Memorial (Junior Drivers) Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N Ydgren, against EASY PICKINGS, driven by Mr B Hope, placed 3rd 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 NEVER MIND (3)
2nd DIANA HARBOUR (1)
3rd EASY PICKINGS (5)
4th SUGAR CANE (8)
5th THE BLOSS (7)
6th AGATHA TYRON (6)

Rule 870(3) provides as follows:

“(3) Any horse who 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 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:

Mr Ydgren showed a video replay of the last 200m of the race. He pointed out EASY PICKINGS who was in 2nd place near the 100m, go into a break near the 55m and continue on in a gallop for the remainder of the race. Mr Ydgren stated it was clear on the video replay that EASY PICKINGS was in a break in excess of 50m. Mr Hope had endorsed the information that he did not contest the protest and had informed Mr Ydgren that he did not wish to be present at the hearing.

Mr Ydgren submitted that the Stewards were seeking disqualification of EASY PICKINGS.

Reasons for Decision:

The Committee was satisfied, after hearing evidence and viewing the relevant films, that EASY PICKINGS was in breach of Rule 870(3) and the Breaking Horses Regulations by breaking near the 55m and galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld, and 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: ee3674f7cb47802bd2a423f12389369e


informantnumber: A10754


horsename: EASY PICKINGS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 27/07/2019


hearing_title: NZ Metro TC 26 July 2019 - R 7 (Instigating a Protest) - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Darren DeFilippi Memorial (Junior Drivers) Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N Ydgren, against EASY PICKINGS, driven by Mr B Hope, placed 3rd 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 NEVER MIND (3)
2nd DIANA HARBOUR (1)
3rd EASY PICKINGS (5)
4th SUGAR CANE (8)
5th THE BLOSS (7)
6th AGATHA TYRON (6)

Rule 870(3) provides as follows:

“(3) Any horse who 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 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:

Mr Ydgren showed a video replay of the last 200m of the race. He pointed out EASY PICKINGS who was in 2nd place near the 100m, go into a break near the 55m and continue on in a gallop for the remainder of the race. Mr Ydgren stated it was clear on the video replay that EASY PICKINGS was in a break in excess of 50m. Mr Hope had endorsed the information that he did not contest the protest and had informed Mr Ydgren that he did not wish to be present at the hearing.

Mr Ydgren submitted that the Stewards were seeking disqualification of EASY PICKINGS.


reasonsfordecision:

The Committee was satisfied, after hearing evidence and viewing the relevant films, that EASY PICKINGS was in breach of Rule 870(3) and the Breaking Horses Regulations by breaking near the 55m and galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld, and the horse be disqualified.


Decision:

The protest was upheld, and EASY PICKINGS was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:

1st NEVER MIND (3)
2nd DIANA HARBOUR (1)
3rd SUGAR CANE (8)
4th THE BLOSS (7)
5th AGATHA TYRON (6)
6th RUSTY I AM (2)

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870 (3) (Instigating a Protest) and Breaking Horses Regulations


Informant: N Ydgren- Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: B Hope-Junior Horseman


StipendSteward:


raceid: 9a2bb2c2488ecd6c19640b2845c607c4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 876658817b816e55210cec0f02b8606a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/07/2019


meet_title: NZ Metro TC - 26 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: NZ Metro TC