Reefton Tc 30 December 2010 – R 4 (instigating a protest)
ID: JCA14398
Meet Title:
Reefton TC - 30 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2010/12/30
Race Number:
R 4
Decision:
According “Red Styx” was disqualified. The amended placings were as follows.
1st – Cejka (8)
2nd – Sugar Rush (12)
3rd – DJ Hanover (4)
4th – Little Ted (9)
5th – Taylor Rose (1)
6th – Brokeback (5)
Facts:
Following the running of Race 4, the M. S. Moore Contracting Mobile Pace, an information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging “Red Styx” (13), placed 5th by the Judge, had contravened Rule 870(3) and the “Breaking Horses” Regulation.
The Judges placings were as follows.
1st – Cejka (8)
2nd – Sugar Rush (12)
3rd – DJ Hanover (4)
4th – Little Ted (9)
5th – Red Styx (13)
6th – Taylor Rose (1)
The Information reads as follows.
“This is a protest against horse number (13) placed 5th by the Judge on the grounds of breaking from its gait.”
Rule 870(3) provides as follows.
“(3) Any horse which breaks from its gait shall promptly regain its gait.”
The “Breaking Horses” Regulation, so far it is relevant to the present case, 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) ……
(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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
Mr P. J. Davis, representing the connections of “Red Styx”, had indicated on the Information – “I do not contest the protest”.
Mrs Williams gave evidence and used video coverage to show that with a little over 50 metres to run “Red Styx” (13) had broken from its correct gait, and it was still in a break when it reached the winning post.
Submissions for Decision:
Mrs Williams made submission that “Red Styx” be disqualified from 5th place.
Reasons for Decision:
We were satisfied that “Red Styx” had been in a break for more then 50 metres when it passed the winning post and that it should be disqualified from 5th place.
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: 7e07f6c6dfb2480a7031f69825e83d0a
informantnumber: 13775
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Reefton Tc 30 December 2010 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the M. S. Moore Contracting Mobile Pace, an information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging “Red Styx” (13), placed 5th by the Judge, had contravened Rule 870(3) and the “Breaking Horses” Regulation.
The Judges placings were as follows.
1st – Cejka (8)
2nd – Sugar Rush (12)
3rd – DJ Hanover (4)
4th – Little Ted (9)
5th – Red Styx (13)
6th – Taylor Rose (1)
The Information reads as follows.
“This is a protest against horse number (13) placed 5th by the Judge on the grounds of breaking from its gait.”
Rule 870(3) provides as follows.
“(3) Any horse which breaks from its gait shall promptly regain its gait.”
The “Breaking Horses” Regulation, so far it is relevant to the present case, 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) ……
(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).
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
Mr P. J. Davis, representing the connections of “Red Styx”, had indicated on the Information – “I do not contest the protest”.
Mrs Williams gave evidence and used video coverage to show that with a little over 50 metres to run “Red Styx” (13) had broken from its correct gait, and it was still in a break when it reached the winning post.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams made submission that “Red Styx” be disqualified from 5th place.
reasonsfordecision:
We were satisfied that “Red Styx” had been in a break for more then 50 metres when it passed the winning post and that it should be disqualified from 5th place.
Decision:
According “Red Styx” was disqualified. The amended placings were as follows.
1st – Cejka (8)
2nd – Sugar Rush (12)
3rd – DJ Hanover (4)
4th – Little Ted (9)
5th – Taylor Rose (1)
6th – Brokeback (5)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and "Breaking Horses" Regulation
Informant: Mrs KR Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0fcf444b0332a0ee64be824b39d6c60a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3498e95618d959c17a949d1eb593469
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2010
meet_title: Reefton TC - 30 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Reefton TC