Winton HRC 8 September 2013 – R 1 (instigating a protest)
ID: JCA16209
Meet Title:
Winton HRC - 8 September 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/09/08
Race Number:
R 1
Decision:
The breaking horses regulations provide that as JOCY JACCKA continued in a break for a distance of 150 metres or greater, it is deemed to be in breach of r 870(3) in that the horse has failed to promptly regain its proper gait. The regulation is clear we must relegate or disqualify JOCY JACCKA. As JOCY JACCKA has gained an advantage over the field, the appropriate course of action is to disqualify the horse.
Amended placings are:
1st 8 ULTRA PEGASUS
2nd 3 AMERICAN HOLIDAY
3RD 1 EUROMAXX
4TH 12 SALUTE THE MONARCH
5TH 13 FRISSON
Dividends and stakes are to be paid accordingly.
Facts:
Mr Allison alleged that in Race 1 the Winton Workouts Committee Handicap Trot horse number 10 JOCY JACCKA broke in excess of 150 metres near the 1100 metre mark and had also broken over the early stages.
Mr Allison sought disqualification of JOCY JACCKA pursuant to r 1003(2).
Judge's placings were:
1st 8 ULTRA PEGASUS
2nd 3 AMERICAN HOLIDAY
3RD 10 JOCY JACCKA
4TH 1 EUROMAXX
5TH 12 SALUTE THE MONARCH
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(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 other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 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.
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).
Submissions for Decision:
Mr Allison, stipendiary steward, demonstrated on the videos that JOCY JACCKA broke just after the start and galloped for a distance of 100 to 110 metres. He then demonstrated the horse broke briefly in the running and then again near the 1100 metre mark. Mr Allison pointed out the various track markers and said in his opinion JOCY JACCKA had galloped for 160 metres on the last occasion. He emphasised this was a breach of the Breaking Horses Regulations.
Both Mr Gray the trainer of JOCY JACCKA and Mr C Smaill, a co-owner of JOCY JACCKA, spoke. Mr Gray accepted that the distance was in excess of 150 metres but said the horse had not interfered with any other runner. Mr Smaill asked for clarification of the distance between the markers. On learning it was 10 metres, he accepted the distance JOCY JACCKA broke was in excess of 150 metres.
Reasons for Decision:
We are satisfied that Mr Allison’s allegation that JOCY JACCKA broke for a distance of 160 metres near the 1100 metres is accurate. We accept the distance the horse broke at the start is less than 150 metres.
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: cad0239a8c67f132e66920e7790decc9
informantnumber: A5935
horsename: JOCY JACCKA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/09/2013
hearing_title: Winton HRC 8 September 2013 - R 1 (instigating a protest)
charge:
facts:
Mr Allison alleged that in Race 1 the Winton Workouts Committee Handicap Trot horse number 10 JOCY JACCKA broke in excess of 150 metres near the 1100 metre mark and had also broken over the early stages.
Mr Allison sought disqualification of JOCY JACCKA pursuant to r 1003(2).
Judge's placings were:
1st 8 ULTRA PEGASUS
2nd 3 AMERICAN HOLIDAY
3RD 10 JOCY JACCKA
4TH 1 EUROMAXX
5TH 12 SALUTE THE MONARCH
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(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 other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 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.
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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison, stipendiary steward, demonstrated on the videos that JOCY JACCKA broke just after the start and galloped for a distance of 100 to 110 metres. He then demonstrated the horse broke briefly in the running and then again near the 1100 metre mark. Mr Allison pointed out the various track markers and said in his opinion JOCY JACCKA had galloped for 160 metres on the last occasion. He emphasised this was a breach of the Breaking Horses Regulations.
Both Mr Gray the trainer of JOCY JACCKA and Mr C Smaill, a co-owner of JOCY JACCKA, spoke. Mr Gray accepted that the distance was in excess of 150 metres but said the horse had not interfered with any other runner. Mr Smaill asked for clarification of the distance between the markers. On learning it was 10 metres, he accepted the distance JOCY JACCKA broke was in excess of 150 metres.
reasonsfordecision:
We are satisfied that Mr Allison’s allegation that JOCY JACCKA broke for a distance of 160 metres near the 1100 metres is accurate. We accept the distance the horse broke at the start is less than 150 metres.
Decision:
The breaking horses regulations provide that as JOCY JACCKA continued in a break for a distance of 150 metres or greater, it is deemed to be in breach of r 870(3) in that the horse has failed to promptly regain its proper gait. The regulation is clear we must relegate or disqualify JOCY JACCKA. As JOCY JACCKA has gained an advantage over the field, the appropriate course of action is to disqualify the horse.
Amended placings are:
1st 8 ULTRA PEGASUS
2nd 3 AMERICAN HOLIDAY
3RD 1 EUROMAXX
4TH 12 SALUTE THE MONARCH
5TH 13 FRISSON
Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), (4)(a), 1003(2) breaking horses regulations
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B Gray - Licensed Trainer of JOCY JACCKA, Mr C Smaill - Co-owner of JOCY JACCKA
StipendSteward:
raceid: f19ec1a187b08321fb6d6c15b23afa87
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1b9aba24678387f6c45b1a8b73e02955
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/09/2013
meet_title: Winton HRC - 8 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Winton HRC