NZ Metro TC 29 January 2021 – R 1 – (Instigating a Protest) – Chair, Mr R McKenzie
ID: JCA16540
Meet Title:
NZ Metro TC - 29 January 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2021/01/29
Race Number:
R1
Decision:
The protest was upheld and CANTFINDABETTORMAN was disqualified.
Consequent upon the relegation, the amended result for the race is as follows:
1st 5 Executive Banner
2nd 4 Mossdale Ben
3rd 2 Smokin Gun
4th 1 Mossdale Terry
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, SBSR – Diamond Creek 2YO Prelude 10 April Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against CANTFINDABETTORMAN (B N Orange), placed 5th by the Judge, on the ground that it broke for more than 50 metres in the final 200 metres”.
Mr Fuller had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest. Mr Renault said that Mr Fuller did not wish to be present at the hearing.
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:
(b) Any horse which breaks from its gait in 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 Renault showed a video replay of the final 200 metres of the race. At that stage, CANTFINDABETTORMAN was leading the 5-horse field. He pointed out that runner go into a break 13 metres before the yellow track marker, which is 150 metres from the finish, he said. The horse continued on in a gallop to the 100 metres marker – approximately 63 metres in total – before settling back into its gait. The horse then broke again at the 60 metres mark and continued in a break to just short of the finishing line. On two occasions inside the final 200 metres, the horse had broken for a distance of 50 metres on each occasion, Mr Renault said.
The horse finished in 5th placing in the 5-horse field. Mr Renault informed the Committee that there was a stake payable for 5th placing and he sought disqualification of CANTFINDABETTORMAN.
Reasons for Decision:
The Committee was clearly satisfied, from viewing the video replay, that CANTFINDABETTORMAN had broken from its gait on two occasions, on each occasion free of interference, inside the final 200 metres of the race and had continued on in the break for a distance of 50 metres or greater on each of those occasions. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.
The Committee noted that Mr Fuller 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: c2b7f170f58d20cc527d945202082e44
informantnumber: A12397
horsename: Cantfindabettorman
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/02/2021
hearing_title: NZ Metro TC 29 January 2021 - R 1 - (Instigating a Protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, SBSR – Diamond Creek 2YO Prelude 10 April Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against CANTFINDABETTORMAN (B N Orange), placed 5th by the Judge, on the ground that it broke for more than 50 metres in the final 200 metres”.
Mr Fuller had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest. Mr Renault said that Mr Fuller did not wish to be present at the hearing.
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:
(b) Any horse which breaks from its gait in 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 Renault showed a video replay of the final 200 metres of the race. At that stage, CANTFINDABETTORMAN was leading the 5-horse field. He pointed out that runner go into a break 13 metres before the yellow track marker, which is 150 metres from the finish, he said. The horse continued on in a gallop to the 100 metres marker – approximately 63 metres in total – before settling back into its gait. The horse then broke again at the 60 metres mark and continued in a break to just short of the finishing line. On two occasions inside the final 200 metres, the horse had broken for a distance of 50 metres on each occasion, Mr Renault said.
The horse finished in 5th placing in the 5-horse field. Mr Renault informed the Committee that there was a stake payable for 5th placing and he sought disqualification of CANTFINDABETTORMAN.
reasonsfordecision:
The Committee was clearly satisfied, from viewing the video replay, that CANTFINDABETTORMAN had broken from its gait on two occasions, on each occasion free of interference, inside the final 200 metres of the race and had continued on in the break for a distance of 50 metres or greater on each of those occasions. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.
The Committee noted that Mr Fuller did not contest the protest.
Decision:
The protest was upheld and CANTFINDABETTORMAN was disqualified.
Consequent upon the relegation, the amended result for the race is as follows:
1st 5 Executive Banner
2nd 4 Mossdale Ben
3rd 2 Smokin Gun
4th 1 Mossdale Terry
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: S P Renault, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: M J Fuller, Licensed Public Trainer
StipendSteward:
raceid: 364fa95e0010bf5a26c11eacbc3a5616
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: 2c03deb5cbd58285d506b7b5c8d96f58
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2021
meet_title: NZ Metro TC - 29 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: NZ Metro TC