Timaru HRC 27 April 2017 – R 1 (instigating a protest) – Chair, Mr S Ching
ID: JCA13319
Meet Title:
Timaru HRC - 27 April 2017
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2017/04/27
Race Number:
R1
Decision:
The protest was upheld with BETTOR SENSATION being disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st - PAT’S DELIGHT (5)
2nd - ANTHEM (4)
3rd - BELLE OF BROOKLYN (1)
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of the Nevele R Stud Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N Ydgren, against BETTOR SENSATION driven by Mr C DeFilippi, placed 3rd by the judge on the grounds of “breaking and then galloping in excess of 150m near the 550m, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judges official placings in this race were as follows.
1st - PAT’S DELIGHT (5)
2nd - ANTHEM (4)
3rd - BETTOR SENSATION (3)
4th - BELLE OF BROOKLYN (1)
Mr DeFilippi had endorsed the information that he did not contest the protest which was confirmed by Mr Ydgren. Mr Ydgren also confirmed that Mr DeFilippi did not wish to be present at the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who 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:
(a) Any horse which breaks from its gait either at the start or during the running of any race
and continues on in the break for a distance of 150 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.
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 gave evidence and showed video replays of the incident. He pointed out BETTOR SENSATION, driven by Mr C DeFilippi, who was racing in a prominent position, go into a break near the 550m and continue on in a break in excess of 150m. He stated it was clear on the video replay that BETTOR SENSATION was in a break well in excess of 150m.
Mr Ydgren submitted that the Stewards were seeking disqualification of BETTOR SENSATION.
Reasons for Decision:
The Committee was satisfied that BETTOR SENSATION was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 150m during the running of the race. It was appropriate the protest be upheld and the horse be disqualified.
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: 61c307d3da72b613277ef54f6c691e83
informantnumber: A8966
horsename: BETTOR SENSATION
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/04/2017
hearing_title: Timaru HRC 27 April 2017 - R 1 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of the Nevele R Stud Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N Ydgren, against BETTOR SENSATION driven by Mr C DeFilippi, placed 3rd by the judge on the grounds of “breaking and then galloping in excess of 150m near the 550m, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judges official placings in this race were as follows.
1st - PAT’S DELIGHT (5)
2nd - ANTHEM (4)
3rd - BETTOR SENSATION (3)
4th - BELLE OF BROOKLYN (1)
Mr DeFilippi had endorsed the information that he did not contest the protest which was confirmed by Mr Ydgren. Mr Ydgren also confirmed that Mr DeFilippi did not wish to be present at the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who 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:
(a) Any horse which breaks from its gait either at the start or during the running of any race
and continues on in the break for a distance of 150 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.
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 gave evidence and showed video replays of the incident. He pointed out BETTOR SENSATION, driven by Mr C DeFilippi, who was racing in a prominent position, go into a break near the 550m and continue on in a break in excess of 150m. He stated it was clear on the video replay that BETTOR SENSATION was in a break well in excess of 150m.
Mr Ydgren submitted that the Stewards were seeking disqualification of BETTOR SENSATION.
reasonsfordecision:
The Committee was satisfied that BETTOR SENSATION was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 150m during the running of the race. It was appropriate the protest be upheld and the horse be disqualified.
Decision:
The protest was upheld with BETTOR SENSATION being disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st - PAT’S DELIGHT (5)
2nd - ANTHEM (4)
3rd - BELLE OF BROOKLYN (1)
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) (Instigating a Protest) and Breaking Horses Regulations
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr C De Filippi - Open Horseman
StipendSteward:
raceid: e33255db206476ab6b7b23fb4c9f2969
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: a7871e4359654bb83dcb90f97460fdea
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/04/2017
meet_title: Timaru HRC - 27 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC