Archive Decision

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NZ Metropolitan TC 4 February – Non Tote (instigating a protest) – Chair, Mr R McKenzie

ID: JCA11235

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr BT Hope - Licensed Junior Driver

Information Number:
A13640

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulation

Meet Title:
NZ Metro TC - 4 February 2021

Meet Chair:
RMcKenzie

Race Date:
2021/02/04

Race Number:
Non Tote

Decision:

The protest was upheld and MR LOVE was disqualified.

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

1st - 1 Highgrove
2nd - 5 La Dama
3rd - 4 Tripod
4th - 2-Oh Nova Love

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

Facts:

Following the running of the Non-Tote Race, Lamb & Hayward Two-Year-Old Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against MR LOVE (BT Hope), placed 5th by the judge, on the ground that "it broke in excess of 50 metres in the final 200 metres of the race”.

Mr Hope had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest.

Mr Renault said that Mr Hope did not wish to be present at the hearing.

The judge’s placings were:
1st - 1 Highgrove
2nd - 5 La Dama
3rd - 4 Tripod
4th - 2-Oh Nova Love
5th - 3 Mr Love

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, MR LOVE, driven by Mr Hope, was running 3rd in the 5-horse field. He pointed out that runner go into a break just after passing the yellow track marker, which is 150 metres from the finish, he said. The horse continued on in a gallop to just past the 50 metres marker – approximately 90-100 metres in total – before settling back into its proper gait just short of the finishing line.

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 MR LOVE.

Reasons for Decision:

The Committee was clearly satisfied, from viewing the video replay, that MR LOVE had broken from its gait, free of interference, with approximately 130 metres to run and had continued on in the break for a distance in excess of 50 metres (approximately 90-100 metres). It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee noted that Mr Hope 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: 1a113f36c0a8aae5187119dba86a36b6


informantnumber: A13640


horsename: MR LOVE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 09/02/2021


hearing_title: NZ Metropolitan TC 4 February - Non Tote (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of the Non-Tote Race, Lamb & Hayward Two-Year-Old Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against MR LOVE (BT Hope), placed 5th by the judge, on the ground that "it broke in excess of 50 metres in the final 200 metres of the race”.

Mr Hope had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest.

Mr Renault said that Mr Hope did not wish to be present at the hearing.

The judge’s placings were:
1st - 1 Highgrove
2nd - 5 La Dama
3rd - 4 Tripod
4th - 2-Oh Nova Love
5th - 3 Mr Love

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, MR LOVE, driven by Mr Hope, was running 3rd in the 5-horse field. He pointed out that runner go into a break just after passing the yellow track marker, which is 150 metres from the finish, he said. The horse continued on in a gallop to just past the 50 metres marker – approximately 90-100 metres in total – before settling back into its proper gait just short of the finishing line.

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 MR LOVE.


reasonsfordecision:

The Committee was clearly satisfied, from viewing the video replay, that MR LOVE had broken from its gait, free of interference, with approximately 130 metres to run and had continued on in the break for a distance in excess of 50 metres (approximately 90-100 metres). It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee noted that Mr Hope did not contest the protest.


Decision:

The protest was upheld and MR LOVE was disqualified.

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

1st - 1 Highgrove
2nd - 5 La Dama
3rd - 4 Tripod
4th - 2-Oh Nova Love

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horses Regulation


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr BT Hope - Licensed Junior Driver


StipendSteward:


raceid: 8621d2787ba04b312cc6376ac6446d69


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Non Tote


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2e0f3c09a61d50ee20ba00693f9e743a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/02/2021


meet_title: NZ Metro TC - 4 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: NZ Metro TC