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08 Mar 2019
Auckland-Tc - R1

Auckland TC 8 March 2019 – R 4 (Instigating a Protest) – Chair, Mr G Jones

Created on 11 March 2019

Committee:
GJones (chair)
ADooley
Respondent(s):
Mr R Paynter - Trainer of LEMOND
Informant:
Mr N Ydgren - Chief Stipendiary Steward
Information Number:
A10726
Horse Name:
LEMOND
Persons present:
Mr N Ydgren - Chief Stipendiary Steward
Mr N McIntyre - General Manager Stewards
Evidence:

Following the running of Race 4, The Majestic Horse Floats Greenlane Trotting Cup 2700m, an information instigating a protest was filed by Chief Stipendiary Steward Mr Ydgren alleging LEMOND (M McKendry), placed 5th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres” in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr Paynter the trainer of LEMOND, endorsed the information form “I do not contest the protest”. Mr Paynter did not wish to be present at the hearing.

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

The Breaking Horses Regulation provides as follows:

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 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.

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).

The provisional judge’s placings were:

1st No 6 MASSIVE METRO
2nd No 1 HEAVYWEIGHT HERO
3rd No 3 GERSHWIN
4th No 2 CREDIT MASTER
5th No 7 LEMOND
6th No 4 MAJESTIC ALI

Submissions For Decision:

Using available video films Mr Ydgren demonstrated the final 200 metres of the race. He identified LEMOND (M McKendry) racing in 3rd place just prior to the 100 metre mark. Mr Ydgren pointed out that LEMOND trotted roughly and galloped free of interference for an estimated 75 to 80 metres. He submitted that LEMOND be disqualified from 5th placing.  

Reasons For Decision:

On the basis of the video evidence the Committee was satisfied that LEMOND broke and galloped free of interference at about the 100 metre mark and continued on in a gallop for a distance well in excess of 50 metres to the finishing line. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.

Decision:

The protest was upheld and LEMOND disqualified.

Consequent upon the disqualification, the amended placings for the race are:

1st No 6 MASSIVE METRO
2nd No 1 HEAVYWEIGHT HERO
3rd No 3 GERSHWIN
4th No 2 CREDIT MASTER
5th No 4 MAJESTIC ALI

It was ordered that stakes be paid in accordance with that amended result.

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