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Auckland TC 28 June 2019 - R 2 (instigating a protest) - Chair, Mr G Jones

Created on 30 June 2019

Rules:
870(5)
Committee:
GJones (chair)
AGodsalve
Respondent(s):
Mr B Hackett
Caretaker trainer of MICHELLE
Informant:
Mr J Muirhead - Senior Stipendiary Steward
Information Number:
A12449
Horse Name:
MICHELLE
Persons present:
Evidence:

This is an uncontested protest arising from the running of race 2 the H R Fisken and Sons Handicap Trot 2700m.  Senior Stipendiary Steward, Mr Muirhead lodged an Information instigating a protest into the second placed runner MICHELLE which alleged a breach of rule 870(5) in that "MICHELLE (A Herlihy) broke near the 40 metres and was lapped on by the 2nd placed horse THATGIRLTROUBLE (B Mangos)’".

Rule 870 (5) provides:
Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finish line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.

The caretaker trainer, Mr B Hackett of MICHELLE appeared at the hearing on behalf of trainer Mr M Jones. Mr Hackett advised the Committee that he did not contest the protest.

The provisional placings were:
[3] EYRE I GO - 1st
[4] MICHELLE - 2nd
[10] THATGIRLTROUBLE - 3rd
[7] SAVITSKAYA - 4th

The official margins were 3/4  length, a long Neck and 2 1/4 Lengths.

Submissions For Decision:

Using available video footage Mr Muirhead demonstrated the concluding stages of the race. He stated that MICHELLE was running on strongly on the inside of EYE I GO.  Approximately 40 metres from the finish MICHELLE broke from its gait free of interference and galloped across the finish line in second place. MICHELLE was lapped on by THATGIRLTROUBLE which was placed third by the judge, a long neck behind MICHELLE. Mr Muirhead submitted MICHELLE was in breach of Rule 870 (5) and sought its relegation from second to third placing.

Mr Hackett had nothing further to add and did not offer any submissions.  

Reasons For Decision:

After viewing the video replays it is clear that MICHELLE broke free of interference, it was not in its proper gait when it crossed the finish line, and it was lapped on by the third placed horse THATGIRLTROUBLE.  Accordingly we found MICHELLE to be in breach of Rule 870 (5).  

Decision:

The protest is upheld and MICHELLE is relegated from second to third placing.

The official placings are:
[3] EYRE I GO - 1st
[10] THATGIRLTROUBLE - 2nd
[4] MICHELLE - 3rd
[7] SAVITSKAYA - 4th

The change of placings, payment of dividends and stake money is duly authorised in accordance with our decision.

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