Westport TC 28 December 2020 – R 3 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA11210
Meet Title:
Westport TC - 28 December 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/12/28
Race Number:
R3
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid pursuant to the Judge’s official placings as above.
Facts:
Following the running of Race 3, Fresh Choice Westport Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against MONARO MAKO (JR Dunn), placed 3rd by the Judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the race”.
Mr Dunn was present at the hearing of the Information and he indicated that the protest was contested.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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 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 official placings were:
1st - 12 Bella Button
2nd - 10 Mentalist
3rd - 9 Monaro Mako
4th - 6 Tedesco
5th - 11 Kenny Keko
Submissions for Decision:
Mr Williams showed a video replay of the final 100 metres of the race. He pointed out MONARO MAKO, driven by Mr Dunn, which had led for home, racing in 3rd position near the markers passing the 100 metres. Shortly thereafter, the horse went into a pace, free of interference, before breaking and continuing on in a gallop until just short of the finishing line. Mr Williams pointed out the distance between the relevant track markers to illustrate the alleged distance over which MONARO MAKO had been out of its correct gait.
MONARO MAKO finished in 3rd placing, Mr Williams said. He sought disqualification of MONARO MAKO from the race if the Committee was satisfied that it had broken from its gait for a distance in excess of 50 metres.
Mr Dunn, while not contesting the evidence of the Stewards as to the horse breaking from its gait, did contest that it had done so for a distance in excess of 50 metres.
Reasons for Decision:
The Committee was satisfied from the video evidence that MONARO MAKO had broken from its gait, free of interference, inside the final the 100 metres and had continued on in a pace, and then a gallop, before regaining its correct gait prior to the finishing line. However, it was not satisfied that the distance over which the horse had broken from its gait exceeded 50 metres.
JCA Decision Fields (raw)
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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: 194baf44f310b19b0ef95b18b21f0b1f
informantnumber: A13619
horsename: MONARO MAKO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2020
hearing_title: Westport TC 28 December 2020 - R 3 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Fresh Choice Westport Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against MONARO MAKO (JR Dunn), placed 3rd by the Judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the race”.
Mr Dunn was present at the hearing of the Information and he indicated that the protest was contested.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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 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 official placings were:
1st - 12 Bella Button
2nd - 10 Mentalist
3rd - 9 Monaro Mako
4th - 6 Tedesco
5th - 11 Kenny Keko
appealdecision:
isappeal:
submissionsfordecision:
Mr Williams showed a video replay of the final 100 metres of the race. He pointed out MONARO MAKO, driven by Mr Dunn, which had led for home, racing in 3rd position near the markers passing the 100 metres. Shortly thereafter, the horse went into a pace, free of interference, before breaking and continuing on in a gallop until just short of the finishing line. Mr Williams pointed out the distance between the relevant track markers to illustrate the alleged distance over which MONARO MAKO had been out of its correct gait.
MONARO MAKO finished in 3rd placing, Mr Williams said. He sought disqualification of MONARO MAKO from the race if the Committee was satisfied that it had broken from its gait for a distance in excess of 50 metres.
Mr Dunn, while not contesting the evidence of the Stewards as to the horse breaking from its gait, did contest that it had done so for a distance in excess of 50 metres.
reasonsfordecision:
The Committee was satisfied from the video evidence that MONARO MAKO had broken from its gait, free of interference, inside the final the 100 metres and had continued on in a pace, and then a gallop, before regaining its correct gait prior to the finishing line. However, it was not satisfied that the distance over which the horse had broken from its gait exceeded 50 metres.
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid pursuant to the Judge’s official placings as above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr JR Dunn - Licensed Open Driver
StipendSteward:
raceid: b00a23e7c6c91a26261b34bd7ab33154
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c6b2dce7d301113fd978e826db44ced1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2020
meet_title: Westport TC - 28 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Westport TC