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02 Feb 2019
Geraldine-Tc - R 5

Geraldine TC 2 February 2019 - R 5 (instigating a protest) - Chair, Mr D Anderson

Created on 04 February 2019

Committee:
DAnderson (chair)
SChing
Respondent(s):
Mr G Smith - Driver of HIGHLAND STAR
Informant:
Mr S Renault - Stipendiary Steward
Information Number:
A11406
Horse Name:
HIGHLAND STAR
Persons present:
Mr N Ydgren - Chief Stipendiary Steward
Evidence:

Following the running of race 5, the Hazletts Rural Trot, an information instigating a protest was filed by Stipendiary Steward Mr S Renault, against HIGHLAND STAR (G Smith), placed 1st by the judge, on the grounds that it “broke prior to, and over the line and was lapped on by horses number 12, 3 , 13 and 6”.

Mr G Smith, the driver of HIGHLAND STAR had endorsed on the information form and signed “I do not contest the protest”.

Mr Renault confirmed that Mr Smith did not wish to be present at the protest hearing.

The official placings for the race were:

1st –1 HIGHLAND STAR
2nd – 12 ROCKNPOP
3rd – 3 SUNNY GLENIS
4th – 13 IMRAN KHAN
5th – 6 FOREIGNER
6th – 8 SCARLETT LANE

Rule 870(5) provides : Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when it’s nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869A such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions For Decision:

Mr Renault with the assistance of Mr Ydgren showed the race video replay of the final 100 metres of the race.

He identified HIGHLAND STAR leading the field one off the rail and at approximately 20 metres prior to the winning post he pointed to HIGHLAND STAR galloping, free of interference, and continue on in a gallop past the finishing line, winning the race.

Mr Renault sought relegation of HIGHLAND STAR to fifth place as the horse was lapped on by four runners.

Reasons For Decision:

The Committee was satisfied HIGHLAND STAR had broken prior to, and over the line, free of interference, and was lapped on by the 2nd 3rd 4th and 5th horses in breach of Rule 870 (5) and the Breaking Horse Regulations.

The Committee noted that Mr Smith did not contest the relegation of HIGHLAND STAR.

Decision:

The protest was upheld and HIGHLAND STAR was relegated to fifth placing.

Consequent upon the relegation, the amended result for the race is as follows:

1st –12 ROCKNPOP
2nd -3 SUNNY GLENIS
3rd – 13 IMRAN KHAN
4th – 6 FOREIGNER
5th – 1 HIGHLAND STAR
6TH- 8 SCARLETT LANE

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

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