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Auckland TC 18 June 2020 - R 7 (instigating a protest) – Chair, Mr G Jones

Created on 19 June 2020

Committee:
GJones (chair)
Respondent(s):
Mr J Dickie - Licensed Trainer of KAY CEE
Informant:
Mr J Muirhead - Senior Stipendiary Steward
Information Number:
A12956
Horse Name:
KAY CEE
Persons present:
Stipendiary Stewards - Mr J Muirhead
Mr S Mulcay and Mr A Dooley
Evidence:

This is an uncontested protest arising from the running of Race 7 the ‘Creatine’ at Nevele R Stud Handicap Trot 2200m. Stipendiary Steward Mr Muirhead, alleged that the 4th placed KAY CEE was in an incorrect gait when it crossed the finish line having galloped over the final 60 metres of the race.

Mr J Dickie the co-trainer and driver of KAY CEE was not present at the hearing. He endorsed the Information “I do not contest protest” and “I do not wish to be present at the hearing of the information”.

The provisional Judge's places were:

1st No 3 TRICKY RIC
2nd No 8 SERTORIUS
3rd No 1 SAINT MICHEL
4th No 7 KAY CEE
5th No 6 SHE REIGNS

The Breaking Horse Rules and Regulations provide that:

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.

Breaking Regulations

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 in the final 200 metres of any race and continues on in a 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:

(ii) disqualify it from the race under Rule 1003(2).

Submissions For Decision:

Mr Muirhead advised that approaching the 60-metre mark KAY CEE broke when mounting a challenge for the lead and continued in a gallop for the remainder of the home straight. KAY CEE galloped across the finish line in 4th place. He submitted that KAY CEE be disqualified in accordance with rule 870(3) and Breaking Horse Regulations.

Reasons For Decision:

The protest is uncontested, and is therefore upheld. The supporting film of the concluding stages of the race clearly show that KAY CEE broke free of interference and continued on in a gallop across the finish line in 4th place. KAY CEE galloped in excess of 50 metres in the final 200 metres of the race and was therefore in breach of the relevant rule and regulations.

Decision:

KAY CEE is disqualified from 4th placing. An order is made for the payment of stakes and dividends in accordance with the amended placings, which are as follows;

1st No 3 TRICKY RIC
2nd No 8 SERTORIUS
3rd No 1 SAINT MICHEL
4th No 6 SHE REIGNS
5th No 2 ONE OVER DA SON

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