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Auckland TC 19 February 2021 - R 5 (instigating a protest) – Chair, Mr G Jones

Created on 21 February 2021

Committee:
GJones (chair)
Respondent(s):
Mr Z Butcher - Trainer of CALL ME TROUBLE
Informant:
Mr S Mulcay - Senior Stipendiary Steward
Information Number:
A12982
Horse Name:
CALL ME TROUBLE
Persons present:
Evidence:

Following the running of Race 5, the Dunstan Speedfeed Summer Series Handicap Trot 2700m, pursuant to Rule 870(3) Senior Stipendiary Steward, Mr Mulcay lodged an Information instigating a protest. The particulars of the Information are that CALL ME TROUBLE broke in excess of 150 metres during the running.

Mr Z Butcher, Trainer of CALL ME TROUBLE, endorsed the Information acknowledging that:

(a) He admitted the breach; and

(b) He did not contest the protest.

Mr Butcher was excused from attending the hearing as the protest was not contested and to enable him to warm up his drive for race 6.

The Judge’s provisional placings were:
1st - BOLT FOR BRILLIANCE
2nd - TEMPORALE
3rd - WOODSTONE
4th - KINGS LANDING
5th - CALL ME TROUBLE

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations provide that:
(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:

Using available race films Mr Mulcay identified CALL ME TROUBLE as the field approached the 400-metre mark. He said that at this point CALL ME TROUBLE was in front and had led the field from the start of the race. Prior to the 350-metre mark CALL ME TROUBLE went off stride and broke and continued in a gallop for approximately 250 metres before settling near the 100-metre mark. Whilst in a gallop Mr Butcher steered CALL ME TROUBLE down inside the marker pegs to avoid disrupting any of the other runners, albeit INVICTUS was hampered and subsequently broke. 

Mr Mulcay submitted that CALL ME TROUBLE finished in 5th place and was in breach of the Rule 870(3) and Breaking Horses Regulations and therefore should be disqualified from the race.

Reasons For Decision:

After hearing submissions and reviewing the race films it was clear to the Committee that CALL ME TROUBLE broke free of interference and galloped for at least 250 metres. Accordingly, CALL ME TROUBLE is in breach of the relevant Rule and Regulation(s).

Decision:

CALL ME TROUBLE was disqualified and horse number 4 - INVICTUS promoted from 6th to 5th place.

The amended final placings are:
1st - BOLT FOR BRILLIANCE
2nd - TEMPORALE
3rd - WOODSTONE
4th - KINGS LANDING
5th - INVICTUS

Authority was given for stakemoney to be paid in accordance with the amended placings.

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