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Forbury Park TC 4 August 2019 - R 1 (instigating a protest) - Chair, Prof G Hall

Created on 06 August 2019

Committee:
GHall (chair)
PKnowles
Respondent(s):
Mr C Thornley - Open Horseman
Representing the connections of THE NIGHT SWEATS
Informant:
Mr V Munro - Stipendiary Steward
Information Number:
A9831
Horse Name:
THE NIGHT SWEATS
Persons present:
Mr S Renault - Stipendiary Steward
Evidence:

Mr Munro alleged that in Race 1 the EQUINOX RESTAURANT TROT horse number 7 THE NIGHT SWEATS broke in excess of 50 metres in the last 200 metres.

Mr Munro sought disqualification of THE NIGHT SWEATS pursuant to r 1003(2).

Judges placings were:

1st 1 PRESTISSIMO
2nd 4 JUSTAN’S SISTER
3RD 5 SOLSBURY HILL
4TH 9 DEM BONES DEM BONES
5TH 7 THE NIGHT SWEATS

The relevant rules and regulations provide:

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

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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:

(b) 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 r 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).

Submissions For Decision:

Mr Renault, Stipendiary Steward, demonstrated on the videos that THE NIGHT SWEATS broke not long after entering the home straight and galloped for a distance of approximately 120 metres.

Mr Thornley accepted that this estimation of the distance was correct.

Reasons For Decision:

After viewing the videos from the various angles, the Committee is satisfied that THE NIGHT SWEATS broke for a distance in excess of 50 metres in the last 200 metres. Mr Thornley conceded this was the case. THE NIGHT SWEATS was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.

Decision:

As THE NIGHT SWEATS has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st 1 PRESTISSIMO
2nd 4 JUSTAN’S SISTER
3RD 5 SOLSBURY HILL
4TH 9 DEM BONES DEM BONES
5TH 8 MAJESTIC ROSE

Stakes and dividends are to be paid accordingly.

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