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04 Apr 2015
Hawera-Hrc - R7

Hawera HRC 4 April 2015 - R 7 (instigating a protest)

Created on 07 April 2015

Committee:
TUtikere (chair)
Respondent(s):
Mr D Gale - Trainer of P TOMADO
Mr J Abernethy - Representative of Mr Gale
Informant:
J Muirhead - Stipendiary Steward
Information Number:
A7458
Horse Name:
P TOMADO
Persons present:
Evidence:

Following the running of Race 7 (COLLINGWOOD TRAFFIC MANAGEMENT MOBILE PACE 2000m), Information A7458 was filed with the judicial committee. It alleged a breach of Rule 870(3) and the Breaking Horse Regulations. The information alleged that "P TOMADO broke in excess of 50 metres inside the final 200 metres".

The judge's placings were:

1st (9) CELTIC WARRIOR

2nd (5) CUT THE CARDS

3rd (2) MURPHY BROWN

4th (12) P TOMADO

5th (1) GOD'S DELIGHT

Submissions For Decision:

Mr Muirhead used the side-on film to identify P TOMADO leading as the field approached the final 200 metres mark. As P TOMADO approached the 200 metres he went into a break and then regained his gait after passing the 150 metres mark. Mr Muirhead submitted that judging by the marked pylons, the horse was in a break for approximately 60 metres. He was seeking the disqualification of the horse, and Mr Abernethy had endorsed the Information with "I do not contest protest".

Reasons For Decision:

It was clear from the film that P TOMADO had gone into a break at approximately the 200 metres mark. The red pylons on the film were at 50 metre intervals, and on that basis, the distance in which P TOMADO was in a break was placed at at least 60 metres; this is clearly in breach of the Breaking Horse Regulations. It was also clear that P TOMADO broke on its own accord, not as a result of the actions of any other runner. I considered it appropriate to disqualify P TOMADO under the provision of Rule 1003(2).

Decision:

The protest was upheld, and P TOMADO was disqualified under the provision of Rule 1003(2). The amended placings are to now be:

1st (9) CELTIC WARRIOR

2nd (5) CUT THE CARDS

3rd (2) MURPHY BROWN

4th (1) GOD'S DELIGHT

5th (11) MCRUBBLE

Dividends and stakes were directed to be paid in accordance with the amended placings.

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