NZ Metro TC 30 November 2012 – R 5 (Instigating a Protest)
ID: JCA11572
Meet Title:
NZ Metro TC - 30 November 2012
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2012/11/30
Race Number:
R5
Decision:
The protest was upheld and “Democracy” was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st Chechnya (2)
2nd Cullen’s Mercy (1)
3rd Winstone P (5)
4th Captain Webber (6)
5th Here’s Shifty (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, the Harcourts Grenadier City Office Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr NM Ydgren, against “Democracy” (M Williamson), 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 Chechnya (2)
2nd Cullen’s Mercy (1)
3rd Democracy (7)
4th Winstone P (5)
5th Captain Webber (6)
6th Here’s Shifty (3)
The Information reads as follows:
“That horse number 7, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations in that “Democracy” broke greater than 50m inside the final 200m when placed (3rd).”
Mr M Williamson, driver of “Democracy”, had endorsed on the information form and signed, as agent, “I do not contest the disqualification of Democracy.” Mr Williamson had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes 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 “Democracy”, driven by Mr Williamson, inside the 200m when in the lead, go into a break outside the 50m mark and continue in a break until the winning post finishing in 3rd place. Mr Ydgren submitted that “Democracy” had been in a break for at least 60m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of “Democracy”.
Reasons for Decision:
The Committee was satisfied that “Democracy” was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that 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: 23e5156979609d2e7dc195225888125f
informantnumber: A4951
horsename: Democracy
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/11/2012
hearing_title: NZ Metro TC 30 November 2012 - R 5 (Instigating a Protest)
charge:
facts:
Following the running of Race 5, the Harcourts Grenadier City Office Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr NM Ydgren, against “Democracy” (M Williamson), 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 Chechnya (2)
2nd Cullen’s Mercy (1)
3rd Democracy (7)
4th Winstone P (5)
5th Captain Webber (6)
6th Here’s Shifty (3)
The Information reads as follows:
“That horse number 7, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations in that “Democracy” broke greater than 50m inside the final 200m when placed (3rd).”
Mr M Williamson, driver of “Democracy”, had endorsed on the information form and signed, as agent, “I do not contest the disqualification of Democracy.” Mr Williamson had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes 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 “Democracy”, driven by Mr Williamson, inside the 200m when in the lead, go into a break outside the 50m mark and continue in a break until the winning post finishing in 3rd place. Mr Ydgren submitted that “Democracy” had been in a break for at least 60m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of “Democracy”.
reasonsfordecision:
The Committee was satisfied that “Democracy” was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
Decision:
The protest was upheld and “Democracy” was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st Chechnya (2)
2nd Cullen’s Mercy (1)
3rd Winstone P (5)
4th Captain Webber (6)
5th Here’s Shifty (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)
Informant: Mr NM Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr NR McGrath-Public Trainer
StipendSteward:
raceid: 233f3639b93cd70dde3faa33193d97eb
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: 2e9dc24d2ca2e59b91946ffbfea2496a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2012
meet_title: NZ Metro TC - 30 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC