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NZ Metro TC 26 June 2020 - R 6 (Instigating a Protest) Chair, Mr S Ching

Created on 29 June 2020

Committee:
SChing (chair)
Respondent(s):
G & N Hope Licensed Trainers
Informant:
N Ydgren- Chief Stipendiary Steward
Information Number:
A13259
Horse Name:
SUMMER LOVIN
Persons present:
Evidence:

Following the running of Race 6, the Avon City Ford For New & Used Fords Mobile Trot, Chief Stipendiary Steward, Mr N Ydgren, filed an information instigating a protest against SUMMER LOVIN, driven by Mr J Dunn, 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 Judge's official placings in this race were as follows:

1st EUROKASH (8)
2nd FRANCO JORIK (6)
3rd TIME UP THE HILL (5)
4th SUMMER LOVIN (7)
5th ROYEL DEL (3)
6th MONARO MAKO (2)

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).

Submissions For Decision:

Mr Ydgren showed video replays of the final 200m of the race. He pointed out SUMMER LOVIN who was in 4th place approaching the 200m, go into a break near the 200m and continue on in a gallop for approximately 50m, regaining its gait near the 150m but shortly afterwards broking again and galloping over the final 100m clearly in excess of 50m limit within the final 200m.

Mr Ydgren stated that the connections had informed him that they did not contest the protest.

Mr Ydgren submitted that the Stewards were seeking disqualification of SUMMER LOVIN.

Reasons For Decision:

The Committee was satisfied, after hearing evidence and viewing the relevant films, that SUMMER LOVIN was in breach of Rule 870(3) and the Breaking Horses Regulations by breaking near the 200m 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.

Decision:

The protest was upheld, and SUMMER LOVIN was disqualified from the race.

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

1st EUROKASH (8)
2nd FRANCO JORIK (6)
3rd TIME UP THE HILL (5)
4th ROYEL DEL (3)
5th MONARO MAKO (2)

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

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