Westport TC 26 December 2013 – R4 (Instigating a Protest)
ID: JCA17511
Meet Title:
Westport TC - 26 December 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/12/26
Race Number:
R4
Decision:
The protest was upheld and FRANCO NADAL was disqualified. Consequent upon the disqualification, the amended placings for the race are as follows:
1st - 10 Eyrewell Pegasus
2nd - 2 Sarah Palin
3rd - 15 Donaldson
4th - 6 Gin Rummy
5th - 14 Bobby Breen
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, Roche Family Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against FRANCO NADAL (B N Orange), placed 3rd by the judge, on the ground that it “galloped in excess of 50 metres in the home straight”.
Mr Wallis informed the Committee that Mr Orange neither wished to contest the protest nor attend the hearing of the information.
Rule 870 provides as follows:
(3) Any horse which 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:
(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).
The judge’s placings were:
1st - 10 Eyrewell Pegasus
2nd - 2 Sarah Palin
3rd - 13 Franco Nadal
4th - 15 Donaldson
5th - 6 Gin Rummy
Submissions for Decision:
Mr Wallis showed to the Committee side-on and head-on video replays of the final 300 metres of the race. He pointed out FRANCO NADAL, driven by Mr Orange, racing in 2nd position outside the leader, BOBBY BREEN (J R Dunn), as the field turned into the home straight. With approximately 150 metres to run, FRANCO NADAL went into a gallop and continued in a gallop to the finishing line, finishing in 3rd placing. Mr Wallis said that it was estimated that FRANCO NADAL had galloped for a distance of approximately 150 metres.
Mr Wallis sought disqualification of FRANCO NADAL.
Reasons for Decision:
The Committee was clearly satisfied that FRANCO NADAL had broken from its gait inside the final 200 metres of the race and had continued on in a gallop for a distance in excess of 50 metres and was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. It was noted that Mr Orange did not contest the protest.
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: ebc7d3fadfb0210d5c4e3eb40e977a3d
informantnumber: A1132
horsename: FRANCO NADAL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Westport TC 26 December 2013 - R4 (Instigating a Protest)
charge:
facts:
Following the running of Race 4, Roche Family Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against FRANCO NADAL (B N Orange), placed 3rd by the judge, on the ground that it “galloped in excess of 50 metres in the home straight”.
Mr Wallis informed the Committee that Mr Orange neither wished to contest the protest nor attend the hearing of the information.
Rule 870 provides as follows:
(3) Any horse which 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:
(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).
The judge’s placings were:
1st - 10 Eyrewell Pegasus
2nd - 2 Sarah Palin
3rd - 13 Franco Nadal
4th - 15 Donaldson
5th - 6 Gin Rummy
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed to the Committee side-on and head-on video replays of the final 300 metres of the race. He pointed out FRANCO NADAL, driven by Mr Orange, racing in 2nd position outside the leader, BOBBY BREEN (J R Dunn), as the field turned into the home straight. With approximately 150 metres to run, FRANCO NADAL went into a gallop and continued in a gallop to the finishing line, finishing in 3rd placing. Mr Wallis said that it was estimated that FRANCO NADAL had galloped for a distance of approximately 150 metres.
Mr Wallis sought disqualification of FRANCO NADAL.
reasonsfordecision:
The Committee was clearly satisfied that FRANCO NADAL had broken from its gait inside the final 200 metres of the race and had continued on in a gallop for a distance in excess of 50 metres and was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. It was noted that Mr Orange did not contest the protest.
Decision:
The protest was upheld and FRANCO NADAL was disqualified. Consequent upon the disqualification, the amended placings for the race are as follows:
1st - 10 Eyrewell Pegasus
2nd - 2 Sarah Palin
3rd - 15 Donaldson
4th - 6 Gin Rummy
5th - 14 Bobby Breen
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: B N Orange, Licensed Open Horseman
StipendSteward:
raceid: 8a2af6e92a925aec817d4ca4b060e057
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dd19961760b2f5a23bf1f415cd7c8b29
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2013
meet_title: Westport TC - 26 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Westport TC