NZ Metro TC 7 October 2016 – R 8 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA16565
Meet Title:
NZ Metro TC - 7 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/10/07
Race Number:
R8
Decision:
The protest was upheld and CRACKARED was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 4 Major Rocket
2nd 11 Terracotta
3rd 14 Shards Halo
4th 8 Lovetodream
5th 2 Seaswift Joy
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 8, Fahey Fence Hire Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against CRACKARED (R T May), placed 3rd by the judge, on the ground that it “broke near the 80 metres and failed to promptly regain its proper gait”, in breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr B R Hill, the trainer of CRACKARED, had endorsed and signed the information form “I do not wish to contest the protest and do not wish to be present”.
The judge’s official placings for the race were:
1st 4 Major Rocket
2nd 11 Terracotta
3rd 5 Crackared
4th 14 Shards Halo
5th 8 Lovetodream
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:
(a) 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 and pointed out CRACKARED, racing in 2nd position and challenging the leader passing the 100 metres, go into a gallop shortly thereafter and continue in a gallop to the finishing line. Mr Ydgren pointed out the 100 metres marker on the inside of the track, and submitted that CRACKARED went into a gallop just after that marker and galloped for, he estimated, 80 metres to the finishing line.
He sought disqualification of CRACKARED from the race.
Reasons for Decision:
The Committee was clearly satisfied from the video evidence that CRACKARED had broken from its gait, free of interference, inside the 100 metres and approximately 80 metres from the finishing line, and had continued on in a gallop to the finishing line in breach of the Breaking Horses Regulation and Rule 870 (3). It was also noted that trainer, Mr Hill, 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: c69add29ce8cb205501a2d8c2c381c76
informantnumber: A8312
horsename: Crackared
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/10/2016
hearing_title: NZ Metro TC 7 October 2016 - R 8 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Fahey Fence Hire Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against CRACKARED (R T May), placed 3rd by the judge, on the ground that it “broke near the 80 metres and failed to promptly regain its proper gait”, in breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr B R Hill, the trainer of CRACKARED, had endorsed and signed the information form “I do not wish to contest the protest and do not wish to be present”.
The judge’s official placings for the race were:
1st 4 Major Rocket
2nd 11 Terracotta
3rd 5 Crackared
4th 14 Shards Halo
5th 8 Lovetodream
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:
(a) 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 and pointed out CRACKARED, racing in 2nd position and challenging the leader passing the 100 metres, go into a gallop shortly thereafter and continue in a gallop to the finishing line. Mr Ydgren pointed out the 100 metres marker on the inside of the track, and submitted that CRACKARED went into a gallop just after that marker and galloped for, he estimated, 80 metres to the finishing line.
He sought disqualification of CRACKARED from the race.
reasonsfordecision:
The Committee was clearly satisfied from the video evidence that CRACKARED had broken from its gait, free of interference, inside the 100 metres and approximately 80 metres from the finishing line, and had continued on in a gallop to the finishing line in breach of the Breaking Horses Regulation and Rule 870 (3). It was also noted that trainer, Mr Hill, did not contest the protest.
Decision:
The protest was upheld and CRACKARED was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 4 Major Rocket
2nd 11 Terracotta
3rd 14 Shards Halo
4th 8 Lovetodream
5th 2 Seaswift Joy
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: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: R T May, Licensed Open Horseman
StipendSteward:
raceid: 4d6116ab4144cba3bb17991d9c448e26
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bbdf356ddb82136d98646cffe14a1f6c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/10/2016
meet_title: NZ Metro TC - 7 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC