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NZ Metro TC 16 October 2020 - R 9 (Instigating a Protest) Chair, Mr S Ching

Created on 19 October 2020

Committee:
SChing (chair)
DAnderson
Respondent(s):
M Jones-Licensed Trainer
Informant:
S Renault- Stipendiary Steward
Information Number:
A13285
Horse Name:
MAJESTIC LAVROS
Persons present:
Evidence:

Following the running of Race 9, the Allied Security-Supporters of Addington Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault, against MAJESTIC LAVROS, driven by Ms S Ottley, placed 1st by the Judge, in that MAJESTIC LAVROS, broke in the final stages and was lapped on by 2nd placed DOFF YOUR CAP and 3rd placed, B D YASOTHON, as the horses passed the post, which is in breach of Rule 870 (5).

The Judge's placings in this race were as follows:

1st MAJESTIC LAVROS (14)
2nd DOFF YOUR CAP (12)
3rd B D YASOTHON (2)
4th MISSALYSSA (9)
5th CLYDE (8)
6th RUM IN THE SUN (3)

Mr Jones represented the connections of MAJESTIC LAVROS and stated that he contested the protest.

Rule 870 (5) provides as follows:

”Notwithstanding the provisions of sub-rule(4) hereof any horse which is not in the correct gait when its 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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”

Submissions For Decision:

Mr Renault showed a video replay of the final stages of the race. He pointed out MAJESTIC LAVROS, driven by Ms S Ottley, when in the lead position, break from its correct gait just prior to the line and continue on in a break until the finish line, eventually finishing in 1st place. Mr Renault stated that the margin between 1st and 2nd was ½ a head, with margin back to 3rd place, ¾ of a length. He submitted that the films showed that MAJESTIC LAVROS was not in the correct gate when the horse's nose reached the finish line and was lapped on by the 2nd placed DOFF YOUR CAP and 3rd placed B D YASOTHON when crossing the finish line.

Mr Renault submitted that the Stewards were seeking relegation of MAJESTIC LAVROS to behind the 3rd placed, B D YASOTHON.

Mr Jones disagreed and submitted that MAJESTIC LAVROS began to go rough just before the line and was only trotting roughly when crossing the line. He said that MAJESTIC LAVROS was not in a gallop, as alleged, when the horse's nose reached the finish line.

Reasons For Decision:

After carefully considering the evidence presented and reviewing the available films, the Committee was satisfied that MAJESTIC LAVROS was not in its correct gait as the horse’s nose reached the finish line. We found that MAJESTIC LAVROS broke and went into a gallop at least a stride before the line and therefore was in breach of Rule 870 (5). We were also satisfied that MAJESTIC LAVROS was lapped on by the 2nd placed DOFF YOUR CAP and 3rd placed B D YASOTHON. It was appropriate the protest be upheld, and MAJESTIC LAVROS be relegated to 3rd place.

Decision:

The protest was upheld with MAJESTIC LAVROS relegated to 3rd place behind B D YASOTHON.

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

1st  DOFF YOUR CAP (12)
2nd B D YASOTHON (2)
3rd MAJESTIC LAVROS (14)
4th MISSALYSSA (9)
5th CLYDE (8)
6th RUM IN THE SUN (3)

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

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