Nelson HRC 8 January 2021 - R 2 (instigating a protest) - Chair, Mr S Ching

Following the running of Race 2, the Town & Country Vets Trot, Stipendiary Steward, Mr J Muirhead, filed an Information instigating a protest against MENTALIST, driven by Mr C McDowell, placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870(3) and the Breaking Horses Regulations.
The Judges official placings in this race were as follows.
1st - TEDESCO (7)
2nd - SHIFFTY (11)
3rd - ILSAS SON (5)
4th - MENTALIST (15)
5th - TYENE (13)
6th - OUR PEGUSUS PEARL (4)

Rule 870(3) provides as follows:
“(3) Any horse who breaks from its gait shall promptly regain its proper gait."

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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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).

Mr Muirhead showed video replays of the final 200m of the race. He pointed out MENTALIST, driven by Mr McDowell, who was in the lead passing the 200m, go into a break near the 150m and continue on in a gallop for approximately 70 to 80m, regaining its gait inside the 100m but clearly in excess of 50m within the final 200m.
Mr McDowell informed the Committee that he did not contest the protest and requested that he be excused from the hearing as he had a horse in the following race. Mr McDowell’s request was granted.
Mr Muirhead submitted that the Stewards were seeking disqualification of MENTALIST.

The Committee was satisfied, after hearing evidence and viewing the relevant films, that MENTALIST was in breach of Rule 870(3) and the Breaking Horses Regulations by breaking near the 150m and galloping well in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld, and the horse be disqualified.

The protest was upheld, and MENTALIST was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:
1st - TEDESCO (7)
2nd - SHIFFTY (11)
3rd - ILSAS SON (5)
4th - TYENE (13)
5th - OUR PEGUSUS PEARL (4)
6th - KENNY KEKO (12)

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