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Auckland TC 5 April 2019 – R 10 (Instigating a Protest) – Chair, Mr G Jones

Created on 08 April 2019

Committee:
GJones (chair)
BScott
Respondent(s):
Ms A Harrison - Driver of ERNIE CASTLETON
Informant:
Mr S Mulcay - Senior Stipendiary Steward
Information Number:
A10731
Horse Name:
ERNIE CASTLETON
Persons present:
Evidence:

This is an uncontested protest arising from the running of Race 10, The Next 2YO Trot Here on April 12 (Non-Tote) 2YO Mobile Trot 1700m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr S Mulcay lodged an Information instigating a protest alleging that ERNIE CASTLETON (placed 3rd) broke and galloped in excess of 50 metres in the final 200 metres.

Ms Harrison, the driver of ERNIE CASTLETON, endorsed the Information indicating that she did not wish to be present at the hearing and she did not contest the protest.

The Judge’s provisional placings were:

1st – No 4 TARUKENGA
2nd – No 3 MAJESTIC SUNRISE
3rd – No 1 ERNIE CASTLETON
4th – No 7 LIAISON
5th – No 5 THE HONOURS
6th - No 6 STRENGTH OF HEART

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

The Breaking Horses Regulations (b) provide that:

'Any horse which breaks from its gait within the final 200 metres of any race and continues on in the 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.'

Submissions For Decision:

Using available race films Mr Mulcay identified ERNIE CASTLETON as the field passed the final 100 metre marker. He pointed out ERNIE CASTLETON, who was racing on the rails in 4th place, when it went off stride and galloped for the remainder of the race, crossing the finish line in 3rd place. Mr Mulcay submitted that the horse was therefore in breach of the (breaking) Rules and Regulations and should be disqualified from the race. 

Reasons For Decision:

After hearing submissions and reviewing the race films it was clear to the Committee that ERNIE CASTLETON broke and galloped in excess of 50 metres over the concluding 200 metres of the race. Accordingly ERNIE CASTLETON is in breach of r 870(3) and the relevant Breaking Horses Regulations. 

Decision:

Ernie CASTLETON was disqualified.

The amended final placings are:

1st – No 4 TARUKENGA
2nd – No 3 MAJESTIC SUNRISE
3rd – No 7 LIAISON (subsequently disqualified)
4th – No 5 THE HONOURS
5th - No 6 STRENGTH OF HEART

Note 1: This race was initially carded as a non-tote race, however win and place fixed odds were offered by the TAB, but with no exotic betting available. Although referred to as race number 10 in this decision, it was in fact run prior to the commencement of the 9 race card at Alexandra Park and had its own unique betting option.

Note 2: The third placed horse, LIAISON was subsequently found to be in breach of r870 (3) and Breaking Horses Regulations. It was also disqualified and 4th and 5th placed horses were promoted.

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

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