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NZ Metropolitan TC 13 June 2021 - R 6 (instigating a protest) - Chair, Mr R McKenzie

Created on 14 June 2021

Committee:
RMcKenzie (chair)
Respondent(s):
Mr KT Newman - Licensed Junior Driver
Informant:
Mr P Williams - Stipendiary Steward
Information Number:
A13665
Horse Name:
YURI
Persons present:
Evidence:

Following the running of Race 6, Faulks Investment (Junior Drivers) Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against YURI (KT Newman), placed 5th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the Race”.

Stable representative, Mr Walker, had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest and that he did not wish to be present at the hearing.

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

(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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 in 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 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).

The judge’s official placing were:

1st - 6 Rogie Falls
2nd - 3 Sinnivue Phileah
3rd - 4 Sally Lindenny
4th - 1 Michelle
5th - 9 Yuri

Submissions For Decision:

Mr Williams showed a video replay of the final 200 metres of the Race. He pointed out YURI, driven by Mr Newman, when leading, go into a break adjacent to the yellow track marker, which is 100 metres from the finish, he said. The horse continued on in a gallop from that point to the finishing line.

The horse finished in 5th placing for which there was a Stake payable, and Mr Williams sought disqualification of YURI.

Reasons For Decision:

The Committee was clearly satisfied, from viewing the video replay, that YURI had broken from its gait, free of interference, inside the final 200 metres of the Race and had continued on in the break for a distance of approximately 100 metres to the finishing line. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee also noted that Mr Walker, the Stable Representative, did not contest the protest.

Decision:

The protest was upheld and YURI was disqualified.

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

1st - 6 Rogie Falls
2nd - 3 Sinnivue Phileah
3rd - 4 Sally Lindenny
4th - 1 Michelle
5th - 8 Tolkien

It was ordered that Stake monies be paid in accordance with that amended result.

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