Archive Decision

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NZ Metropolitan TC 7 July 2017 – R 1 (instigating a protest) – Chair, Mr R McKenzie

ID: JCA11168

Applicant:
Mr SP Renault – Stipendiary Steward

Respondent(s):
Mr RD Close - Licensed Open Horseman

Information Number:
A09612

Hearing Type:
Protest

Rules:
870(3) & Breaking Horses Regulation

Meet Title:
NZ Metro TC - 7 July 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DJackson

Race Date:
2017/07/07

Race Number:
R1

Decision:

The protest was upheld and SUNNY BILL was disqualified from the race.

Consequent upon the disqualification, the amended result for the race is as follows:
1st  - 8 All Settled Down
2nd - 7 Donsmedad
3rd - 6 Idle Moose
4th - 5 Greenanwhite
5th - 9 Craddock

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

Facts:

Following the running of Race 1, Christchurch Casino Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against SUNNY BILL (RD Close), placed 5th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres”.

Mr RD Close, driver of SUNNY BILL, had endorsed on the information form and signed “I do not contest the protest”. Mr Renault confirmed that Mr Close did not wish to be present at the hearing of the information.

The judge’s placings for the race were:
1st - 8 All Settled Down
2nd - 7 Donsmedad
3rd - 6 Idle Moose
4th - 5 Greenanwhite
5th - 4 Sunny Bill

Rule 870 provides as follows:
(3) Any horse which 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 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 race from about the 200 metres. He pointed out SUNNY BILL, driven by Mr Close, trailing the leader turning for home, go into a break when racing in 5th position as the field passed the 200 metres. The horse continued on in a gallop for approximately 70-80 metres, Mr Renault submitted, before it settled back into a trot, finishing in 5th placing.

Mr Renault sought disqualification of SUNNY BILL.

Reasons for Decision:

The Committee was satisfied that SUNNY BILL had broken from its gait, free of interference, inside the final 200 metres of the race, and that it had galloped for a distance, clearly, in excess of 50 metres inside the final 200 metres and had, therefore, failed to promptly regain its proper gait in breach of Rule 870(3) and the Breaking Horses Regulation.

The Committee noted that Mr Close did not contest the disqualification of SUNNY BILL.

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: 20167c7309eec46c60dbd40e2389c8d8


informantnumber: A09612


horsename: SUNNY BILL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 11/07/2017


hearing_title: NZ Metropolitan TC 7 July 2017 - R 1 (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 1, Christchurch Casino Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against SUNNY BILL (RD Close), placed 5th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres”.

Mr RD Close, driver of SUNNY BILL, had endorsed on the information form and signed “I do not contest the protest”. Mr Renault confirmed that Mr Close did not wish to be present at the hearing of the information.

The judge’s placings for the race were:
1st - 8 All Settled Down
2nd - 7 Donsmedad
3rd - 6 Idle Moose
4th - 5 Greenanwhite
5th - 4 Sunny Bill

Rule 870 provides as follows:
(3) Any horse which 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 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 race from about the 200 metres. He pointed out SUNNY BILL, driven by Mr Close, trailing the leader turning for home, go into a break when racing in 5th position as the field passed the 200 metres. The horse continued on in a gallop for approximately 70-80 metres, Mr Renault submitted, before it settled back into a trot, finishing in 5th placing.

Mr Renault sought disqualification of SUNNY BILL.


reasonsfordecision:

The Committee was satisfied that SUNNY BILL had broken from its gait, free of interference, inside the final 200 metres of the race, and that it had galloped for a distance, clearly, in excess of 50 metres inside the final 200 metres and had, therefore, failed to promptly regain its proper gait in breach of Rule 870(3) and the Breaking Horses Regulation.

The Committee noted that Mr Close did not contest the disqualification of SUNNY BILL.


Decision:

The protest was upheld and SUNNY BILL was disqualified from the race.

Consequent upon the disqualification, the amended result for the race is as follows:
1st  - 8 All Settled Down
2nd - 7 Donsmedad
3rd - 6 Idle Moose
4th - 5 Greenanwhite
5th - 9 Craddock

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: Mr SP Renault – Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr RD Close - Licensed Open Horseman


StipendSteward:


raceid: 16d089022f4d3149be4bc9c976117648


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: 63d7627e4663613bba6c9b3a85497494


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/07/2017


meet_title: NZ Metro TC - 7 July 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DJackson


meet_pm2: none


name: NZ Metro TC