NZ Metropolitan TC 8 September 2017 – R 3 (instigating a protest) – Chair, Mr D Anderson
ID: JCA14373
Meet Title:
NZ Metro TC - 8 September 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
HWeston
Race Date:
2017/09/08
Race Number:
R 3
Decision:
The protest was upheld and LUNQVIST was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st - 3 Izmok
2nd - 1 Michelle
3rd - 2 Unique Marshall
4th - 4 Mekong Princess
5th - 9 Motu Great Sensation
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of race 3, Geraldine ITM Mobile Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against LUNDQVIST (B Orange), placed 4th by the judge, on the grounds that it “galloped in excess of 50 metres in the final 200 metres”.
Mr B Orange driver of LUNDQVIST, had endorsed on the information form and signed “I do not contest the protest”. Mr Ydgren confirmed that Mr Orange did not wish to be present at the protest hearing.
The official placings for the race were:
1st - 3 Izmok
2nd - 1 Michelle
3rd - 2 Unique Marshall
4th - 5 Lundqvist
5th - 4 Mekong Princess
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait:
The Breaking Horses Regulations provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply regarding 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 Ydgren showed the race video replay of the final 200 metres of the race.
He identified LUNDQVIST, driven by Mr Orange, three wide as the field passed the 200 metre mark. There after at approximately the 150 metre mark, the horse went into a gallop, free of interference, and continued on in a gallop past the finishing line, finishing in 4th placing.
Mr Ydgren submitted that the horse had galloped for a distance of approximately 150 metres. He sought disqualification of LUNDQVIST.
Reasons for Decision:
The Committee was satisfied that LUNDQVIST had broken from its gait, free of interference, approximately 150 metres from the finishing line and had continued in a gallop past the finishing line, being placed 4th across the line 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 Orange did not contest the disqualification of LUNDQVIST.
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: 7baf900d9e37e43a9d3cb7777f9d05e9
informantnumber: A8978
horsename: LUNDQVIST
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/09/2017
hearing_title: NZ Metropolitan TC 8 September 2017 - R 3 (instigating a protest) - Chair, Mr D Anderson
charge:
facts:
Following the running of race 3, Geraldine ITM Mobile Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against LUNDQVIST (B Orange), placed 4th by the judge, on the grounds that it “galloped in excess of 50 metres in the final 200 metres”.
Mr B Orange driver of LUNDQVIST, had endorsed on the information form and signed “I do not contest the protest”. Mr Ydgren confirmed that Mr Orange did not wish to be present at the protest hearing.
The official placings for the race were:
1st - 3 Izmok
2nd - 1 Michelle
3rd - 2 Unique Marshall
4th - 5 Lundqvist
5th - 4 Mekong Princess
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait:
The Breaking Horses Regulations provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply regarding 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 Ydgren showed the race video replay of the final 200 metres of the race.
He identified LUNDQVIST, driven by Mr Orange, three wide as the field passed the 200 metre mark. There after at approximately the 150 metre mark, the horse went into a gallop, free of interference, and continued on in a gallop past the finishing line, finishing in 4th placing.
Mr Ydgren submitted that the horse had galloped for a distance of approximately 150 metres. He sought disqualification of LUNDQVIST.
reasonsfordecision:
The Committee was satisfied that LUNDQVIST had broken from its gait, free of interference, approximately 150 metres from the finishing line and had continued in a gallop past the finishing line, being placed 4th across the line 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 Orange did not contest the disqualification of LUNDQVIST.
Decision:
The protest was upheld and LUNQVIST was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st - 3 Izmok
2nd - 1 Michelle
3rd - 2 Unique Marshall
4th - 4 Mekong Princess
5th - 9 Motu Great Sensation
It was ordered that dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870)(3) and Breaking Horse Regulations
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B Orange - Driver of LUNDQVIST
StipendSteward:
raceid: 7af3bd602e3ffd4b8843ca0892409b9a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 80908ab360a8e5ac678238029a051fff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/09/2017
meet_title: NZ Metro TC - 8 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: HWeston
name: NZ Metro TC