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Banks Peninsula TC 25 November 2018 - R 5 (instigating a protest) - Chair, Mr D M Jackson

Created on 28 November 2018

Committee:
DJackson (chair)
DAnderson
Respondent(s):
Ms H Jerard - Junior Driver
Informant:
Mr S Mulcay - Stipendiary Steward
Information Number:
A10241
Horse Name:
I'VE ALREADY TOLD YOU
Persons present:
Evidence:

Following the running of Race 5 of this meeting, an information instigating a protest was lodged by Stipendiary Steward Mr S Mulcay against the third placing of I’VE ALREADY TOLD YOU on the grounds that it galloped at the start of this 2000 metre mobile pace and continued to do so in excess of 150 metres in breach of the Breaking Horses Regulation.

The protest was uncontested, disqualification accepted and Ms Jerard confirmed to Mr Mulcay that she would not appear at this hearing.

Rule 870(3) provides that “any horse which breaks from its gait during a race shall promptly return to its correct gait.

The Breaking Horses Regulations provide that any horse which breaks from its gait and gallops in excess of 150 metres in a race shall be deemed to be in breach of Rule 870(3) and may be disqualified from the race.

Submissions For Decision:

Mr Mulcay replayed the race video and showed I’VE ALREADY TOLD YOU break near the 2000 metre start and gallop for approximately 230 metres before returning to its gait and completing the race.

Mr Mulcay submitted that I’VE ALREADY TOLD YOU was in breach of Rule 870(3) and should be disqualified from the race.

Reasons For Decision:

The protest is uncontested, and is therefore upheld.

Decision:

The protest is upheld and I’VE ALREADY TOLD YOU is disqualified from the race and those horses which passed the post in fourth and fifth shall be promoted to third and fourth.

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