Archive Decision

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Waikato/BOP HRC 1 August 2019 – R 1 (instigating a protest) – Chair, Mr A Godsalve

ID: JCA13204

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr J Abernethy-Trainer/driver of MOUNT ASPIRING

Information Number:
A12212

Hearing Type:
Protest

Rules:
Rule 870(3), Breaking Horses Regulations

Meet Title:
Harness Racing Waikato - 1 August 2019

Meet Chair:
AGodsalve

Meet Committee Member 1:
GJones

Race Date:
2019/08/01

Race Number:
R1

Decision:

MOUNT ASPIRING was therefore disqualified from its 5th placing in the race.

The official placings became:

1st       MACKERELLI

2nd      KEYSTONE CAVALIER

3rd       SPLITTING IMAGE

4th       OUR SPITFIRE

5th       TE KOUKA SUN RISE

Authority was given for stakemoney to be paid in accordance with the amended placings.

Facts:

This is an uncontested protest into the 5th placing of the horse MOUNT ASPIRING in the August 30th Friday Nights Under The Lights Trot 2200m. 

Mr Mulcay stated that the horse had galloped in excess of 50 metres within the final 200 metres of the race in contravention of the Rule and Regulations and therefore asked for its disqualification from the race.

Mr Abernethy, the trainer/driver of the horse had noted on the Information that he did not contest the Protest and did not wish to be present at the hearing.

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

The Breaking Horses Regulations provide that:

(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.

Submissions for Decision:

Using the available films Mr Muirhead identified the horse MOUNT ASPIRING as the field entered the home straight. MOUNT ASPIRING was in 4th placing as it neared the 200m mark when it went offstride and galloped. Mr Muirhead pointed out that the horse had continued on in a break for over 100 metres and regained its gait just prior to the finishing post.

Reasons for Decision:

The Committee was satisfied on viewing the films that the horse MOUNT ASPIRING had gone into a gallop just prior to the 200 metres mark and had continued on in a gallop for approximately 100 metres in breach of the Rule and the 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: 5250c3eb916700a737de9d9f2ee21346


informantnumber: A12212


horsename: MOUNT ASPIRING


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 01/08/2019


hearing_title: Waikato/BOP HRC 1 August 2019 - R 1 (instigating a protest) - Chair, Mr A Godsalve


charge:


facts:

This is an uncontested protest into the 5th placing of the horse MOUNT ASPIRING in the August 30th Friday Nights Under The Lights Trot 2200m. 

Mr Mulcay stated that the horse had galloped in excess of 50 metres within the final 200 metres of the race in contravention of the Rule and Regulations and therefore asked for its disqualification from the race.

Mr Abernethy, the trainer/driver of the horse had noted on the Information that he did not contest the Protest and did not wish to be present at the hearing.

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

The Breaking Horses Regulations provide that:

(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.


appealdecision:


isappeal:


submissionsfordecision:

Using the available films Mr Muirhead identified the horse MOUNT ASPIRING as the field entered the home straight. MOUNT ASPIRING was in 4th placing as it neared the 200m mark when it went offstride and galloped. Mr Muirhead pointed out that the horse had continued on in a break for over 100 metres and regained its gait just prior to the finishing post.


reasonsfordecision:

The Committee was satisfied on viewing the films that the horse MOUNT ASPIRING had gone into a gallop just prior to the 200 metres mark and had continued on in a gallop for approximately 100 metres in breach of the Rule and the Regulations.


Decision:

MOUNT ASPIRING was therefore disqualified from its 5th placing in the race.

The official placings became:

1st       MACKERELLI

2nd      KEYSTONE CAVALIER

3rd       SPLITTING IMAGE

4th       OUR SPITFIRE

5th       TE KOUKA SUN RISE

Authority was given for stakemoney to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3), Breaking Horses Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Muirhead - Senior Stipendiary Steward


Respondent: Mr J Abernethy-Trainer/driver of MOUNT ASPIRING


StipendSteward:


raceid: 157c48e32a7f4df486bf2fde4b4150ca


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: d718b06f6bd851aacf52a86f2ce8e9a0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/08/2019


meet_title: Harness Racing Waikato - 1 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: GJones


meet_pm2: none


name: Harness Racing Waikato