Westport TC 28 December 2010 – R 9 (instigating a protest 1)
ID: JCA11583
Meet Title:
Westport TC - 28 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2010/12/28
Race Number:
R 9
Decision:
According “Ruby N Diamonds” was disqualified. The amended placings were as follows.
1st – Neville Vaughan (12)
2nd – Game As Ned Kelly (2)
3rd – Lindt (13)
4th – Zealous Lady (5)
5th – Millwood Munchkin (3)
6th – Major Domus (10)
Note: There was a subsequent protest involving the 3rd horse, “Lindt”, which was relegated. For details see that decision.
Facts:
Following the running of Race 9, the Criterion Hotel Keith Powell Memorial Trot, an information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging “Ruby N Diamonds” (11), placed 5th by the Judge, had contravened Rule 870(3) and the “Breaking Horses” Regulation.
The Judge’s placings were as follows.
1st – Neville Vaughan (12)
2nd – Game As Ned Kelly (2)
3rd – Lindt (13)
4th – Zealous Lady (5)
5th – Ruby N Diamonds (11)
6th – Millwood Munchkin (10)
The Information reads as follows.
“This is a protest against horse number (11) 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.”
Clause (a) of the “Breaking Horses” Regulation provides as follows.
“(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.
Ms K. A. Hill, the part owner and driver of “Ruby N Diamonds”, had indicated on the Information – “I do not contest the protest”.
Mrs Williams gave evidence and used video coverage to show that about 150 metres after the start (50 metres from the winning post) “Ruby N Diamonds” had broken from its correct gait, and it was still in a break about 170 metres further on.
Submissions for Decision:
Mrs Williams made submission that “Ruby N Diamonds” be disqualified from 5th place.
Reasons for Decision:
We were satisfied that “Ruby N Diamonds” had been in a break for about 170 metres and that it would 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: 1e3188c634537d8f92827557697fae7d
informantnumber: 13774
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Westport TC 28 December 2010 - R 9 (instigating a protest 1)
charge:
facts:
Following the running of Race 9, the Criterion Hotel Keith Powell Memorial Trot, an information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging “Ruby N Diamonds” (11), placed 5th by the Judge, had contravened Rule 870(3) and the “Breaking Horses” Regulation.
The Judge’s placings were as follows.
1st – Neville Vaughan (12)
2nd – Game As Ned Kelly (2)
3rd – Lindt (13)
4th – Zealous Lady (5)
5th – Ruby N Diamonds (11)
6th – Millwood Munchkin (10)
The Information reads as follows.
“This is a protest against horse number (11) 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.”
Clause (a) of the “Breaking Horses” Regulation provides as follows.
“(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.
Ms K. A. Hill, the part owner and driver of “Ruby N Diamonds”, had indicated on the Information – “I do not contest the protest”.
Mrs Williams gave evidence and used video coverage to show that about 150 metres after the start (50 metres from the winning post) “Ruby N Diamonds” had broken from its correct gait, and it was still in a break about 170 metres further on.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams made submission that “Ruby N Diamonds” be disqualified from 5th place.
reasonsfordecision:
We were satisfied that “Ruby N Diamonds” had been in a break for about 170 metres and that it would be disqualified from 5th place.
Decision:
According “Ruby N Diamonds” was disqualified. The amended placings were as follows.
1st – Neville Vaughan (12)
2nd – Game As Ned Kelly (2)
3rd – Lindt (13)
4th – Zealous Lady (5)
5th – Millwood Munchkin (3)
6th – Major Domus (10)
Note: There was a subsequent protest involving the 3rd horse, “Lindt”, which was relegated. For details see that decision.
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: fa5d6ba712e8196b3c40d10f0e73dd10
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2bc1255e73386564233d6fbc41b4cb49
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2010
meet_title: Westport TC - 28 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Westport TC