Archive Decision

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Waikato/BOP H 28 January 2021 – R 1 (instigating a protest) – Chair, Mr A Godsalve

ID: JCA14938

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr P Ferguson - Driver of TRAMPS LIKE US and representing Connections

Information Number:
A11113

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulations

Meet Title:
Harness Racing Waikato - 28 January 2021

Meet Chair:
AGodsalve

Race Date:
2021/01/28

Race Number:
R1

Decision:

TRAMPS LIKE US was therefore disqualified from its 3rd placing.

The official placings became:
1st - KRISTOFFERSON
2nd - DEMOLITION MAN
3rd - SAFRAKOVA
4th - ELEGANT PEAK
5th - FLYING SCOTSMAN

Authority was given for the payment of stakes and dividends in accordance with the amended placings.

Facts:

Following the running of Race 1, Mr Mulcay instigated a protest against the 3rd placing of the horse TRAMPS LIKE US driven by Mr Ferguson on the grounds that it 'broke shortly after the start and galloped in excess of 150 metres before settling'.

Mr Fergusson on behalf of the Connections of the horse noted on the Information that:
1. He did not contest the protest, and
2. He did not wish to be present at the hearing.

Rule 870(3) provides that: 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations state:
(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'.

Submissions for Decision:

Using the films Mr Mulcay identified the horse, TRAMPS LIKE US just after the start. The horse went off stride and continued on in a gallop for approximately 200 metres before settling back into its correct gait. TRAMPS LIKE US eventually finished in 3rd placing.

Mr Mulcay asked the Committee to disqualify the horse from the race.

Reasons for Decision:

Mr Ferguson did not contest the protest. It was clear on the films that TRAMPS LIKE US had galloped for about 200m and therefore was in breach of the Rule and Regulations.

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: 8e731c69cd33bd8a6ef1f81aa2be7ebe


informantnumber: A11113


horsename: TRAMPS LIKE US


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/01/2021


hearing_title: Waikato/BOP H 28 January 2021 - R 1 (instigating a protest) - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 1, Mr Mulcay instigated a protest against the 3rd placing of the horse TRAMPS LIKE US driven by Mr Ferguson on the grounds that it 'broke shortly after the start and galloped in excess of 150 metres before settling'.

Mr Fergusson on behalf of the Connections of the horse noted on the Information that:
1. He did not contest the protest, and
2. He did not wish to be present at the hearing.

Rule 870(3) provides that: 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations state:
(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'.


appealdecision:


isappeal:


submissionsfordecision:

Using the films Mr Mulcay identified the horse, TRAMPS LIKE US just after the start. The horse went off stride and continued on in a gallop for approximately 200 metres before settling back into its correct gait. TRAMPS LIKE US eventually finished in 3rd placing.

Mr Mulcay asked the Committee to disqualify the horse from the race.


reasonsfordecision:

Mr Ferguson did not contest the protest. It was clear on the films that TRAMPS LIKE US had galloped for about 200m and therefore was in breach of the Rule and Regulations.


Decision:

TRAMPS LIKE US was therefore disqualified from its 3rd placing.

The official placings became:
1st - KRISTOFFERSON
2nd - DEMOLITION MAN
3rd - SAFRAKOVA
4th - ELEGANT PEAK
5th - FLYING SCOTSMAN

Authority was given for the payment of stakes and dividends in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horses Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr P Ferguson - Driver of TRAMPS LIKE US and representing Connections


StipendSteward:


raceid: 7050d5d05917315e76d018e4ec6a3a4e


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: 547661b504c539daefdf08b0bf2844dc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2021


meet_title: Harness Racing Waikato - 28 January 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato