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Auckland TC 7 May 2021 – R 6 (Instigating a Protest) – Chair, Mr A Smith

Created on 10 May 2021

Committee:
ASmith (chair)
GJones
Respondent(s):
Mr M White - Trainer/Driver of QUIK BARBIE
Informant:
Mr S Mulcay - Senior Stipendiary Steward
Information Number:
A12992
Horse Name:
QUIK BARBIE
Persons present:
Evidence:

This protest arises from the running of Race 1, a 1700m 2yo Trot. Pursuant to Rule 870(3), Senior Stipendiary Steward, Mr Mulcay lodged an Information instigating a protest alleging that QUIK BARBIE (placed 5th) broke in excess of 50m in the final 200m of the race.
Prior to the commencement of the hearing Mr White, the Trainer and Driver of QUIK BARBIE endorsed the information and advised the Committee that the protest was uncontested and sought to be excused from attending the hearing. The Committee granted Mr White permission and excused him from attending the hearing.

The Judge’s provisional placings were:
1st – No 1 DOUBLE DELIGHT
2nd – No 2 AMERICAN MUSCLE
3rd – No 5 FAITH IN MANCHESTER
4th – No 3 KING CITY
5th – No 6 QUIK BARBIE
6th – No 4 VORONOV

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 QUIK BARBIE who was the lead horse into the straight. He said that just inside the 200m mark, QUIK BARBIE went into a break and continued in that gait for the remainder of the race. He added that when QUIK BARBIRE broke it shifted out and was contacted by Mr Chin’s horse whose chances were interfered with.

Mr Mulcay submitted that the horse was therefore in breach of the Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.

Reasons For Decision:

After hearing submissions and reviewing the race films it was clearly evident to the Committee that QUIK BARBIE broke within the final 200 metres and galloped for more than 50 metres. Accordingly QUIK BARBIE is in breach of r 870(3) and the relevant Breaking Horse Regulations.

Decision:

QUIK BARBIE was disqualified.

The amended final placings are:
1st – No 1 DOUBLE DELIGHT
2nd – No 2 AMERICAN MUSCLE
3rd – No 5 FAITH IN MANCHESTER
4th – No 3 KING CITY
5th – No 4 VORONOV

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

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