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09 Aug 2019
Auckland-Tc - R10

Auckland TC 9 August 2019 – R 10 (Instigating a Protest) – Chair, Mr G Jones

Created on 12 August 2019

Committee:
GJones (chair)
ASmith
Respondent(s):
Mr J Stormont - Trainer and driver of SUNNY PETITE
Informant:
Mr J Muirhead - Senior Stipendiary Steward
Information Number:
A10739
Horse Name:
SUNNY PETITE
Persons present:
Mr J Muirhead - Senior Stipendiary Steward
Mr S Mulcay - Senior Stipendiary Steward
Evidence:

Following the running of Race 10, the Mezze A Night of Sharing at AP 13/9 Trot (Stand) 2700m, an information instigating a protest was filed by Senior Stipendiary Steward Mr Muirhead, alleging that the 4th placed horse SUNNY PETITE broke in excess of 50 metres in the final 200 metres.

Mr Stormont the trainer and driver of SUNNY PETITE, endorsed the information “I do not contest the protest”. Mr Stormont 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 2 PEANNIE
2nd No 6 JUST RICKY
3rd No 8 HIGHLAND QUEEN
4th No 1 SUNNY PETITE
5th No 3 TE KOUKA CAVALIER
6th No 7 CHINSKI

Submissions For Decision:

Using available video films Mr Muirhead showed replay of the final 200 metres of the race. He identified SUNNY PETITE (J Stormont) racing in 3rd place as the field passed the 150-metre mark. Mr Muirhead pointed out that SUNNY PETITE broke and continued in a gallop free of interference for about 80 metres.

Mr Muirhead submitted that SUNNY PETITE who finished in 4th place be disqualified.

Reasons For Decision:

On the basis of the submissions and the compelling video evidence the Committee was satisfied SUNNY PETITE broke and galloped free of interference near the 150-metre mark and continued on in a gallop for a distance in excess of about 80 metres before regaining her gait and finishing in 4th place. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.  

Decision:

The Committee upheld the protest and SUNNY PETITE was disqualified. The amended placings for the race are:

1st No 2 PEANNIE
2nd No 6 JUST RICKY
3rd No 8 HIGHLAND QUEEN
4th No 3 TE KOUKA CAVALIER
5th No 7 CHINSKI

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

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