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Ashburton TC 28 October 2019 - R 6 (Instigating a Protest) - Chair, Mr S Ching

Created on 29 October 2019

Committee:
SChing (chair)
RMcKenzie
Respondent(s):
Mr Hair - Co-owner of SUNDEES SON
Informant:
N Ydgren- Chief Stipendiary Steward
Information Number:
A12857
Horse Name:
SUNDEES SON
Persons present:
C Hair-Owner of SUNDEES SON
Evidence:

Chief Stipendiary Steward, Mr N Ydgren, filed an information instigating a protest against SUNDEES SON, driven by Mr J Dunn, placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.

The Judge's official placings in this race were as follows.

1st MARCOOLA (1)
2nd DESTINY JONES (3)
3rd HABIBI INTA (7)
4th SUNDEES SON (5)
5th THEODOSIA (4)
6th GREAT THINGS HAPPEN (2)

Rule 870(3) provides as follows:

“(3) Any horse who 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 200m of any race and continues on in the break for a distance of 50m 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 Ydgren showed video replays of the final 200m of the race. He pointed out SUNDEES SON who was in 2nd place approaching the 200m, go into a break near the 200m and continue on in a gallop for approximately 80m.

Mr Hair, co-owner of SUNDEES SON, was present at the hearing and did not contest the protest.

Mr Ydgren submitted that the Stewards were seeking disqualification of SUNDEES SON.

Reasons For Decision:

The Committee was satisfied, after hearing evidence and viewing the relevant films, that SUNDEES SON was in breach of Rule 870(3) and the Breaking Horses Regulations by breaking near the 200m and galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld, and the horse be disqualified.

Decision:

The protest was upheld, and SUNDEES SON was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:

1st MARCOOLA (1)
2nd DESTINY JONES (3)
3rd HABIBI INTA (7)
4th THEODOSIA (4)
5th GREAT THINGS HAPPEN (2)
6th WINTERFELL(6)

It was ordered that stakes and dividends be paid in accordance with that amended result.

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