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NZ Metro TC 3 August 2018 - R 1 (instigating a protest) - Chair, Mr S Ching

Created on 06 August 2018

Committee:
SChing (chair)
HWeston
Respondent(s):
P Cook-Advanced Amateur Horseman
Informant:
N Ydgren- Chief Stipendiary Steward
Information Number:
A09975
Horse Name:
MYBOYLOLLIEPOP
Persons present:
Evidence:

Following the running of the Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N Ydgren, against MYBOYLOLLIEPOP, driven by Mr P Cook, placed 4th by the judge on the grounds of “breaking and then galloping in excess of 150m in the early stages, in breach of Rule 870 (3) and the Breaking Horses Regulations”.

The Judge's official placings in this race were as follows.

1st MANINTHEMIRROR (7)
2nd TRAILER PARK GIRL (9)
3rd TAKE AFTER ME (5)
4th MYBOYLOLLIEPOP (3)
5th ROYAL JESTER (6)
6th BETTOR BACKIM (2) & STOP MEANS STOP (4)

Mr Cook had endorsed the information that he did not contest the protest. Mr Ydgren also confirmed that Mr Cook did not wish to be present at the hearing.

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:

(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 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.

(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 gave evidence and showed video replays of the incident. He pointed out MYBOYLOLLIEPOP, driven by Mr P Cook, who had drawn 3 in the mobile event. Mr Ydgren said that MYBOYLOLLIEPOP knocked a knee shortly after the start, went into a break and continued on in a break in excess of 150m. He stated it was clear on the video replay that MYBOYLOLLIEPOP was in a continuous break for at least 190m.

Mr Ydgren submitted that the Stewards were seeking disqualification of MYBOYLOLLIEPOP.

Reasons For Decision:

The Committee was satisfied that MYBOYLOLLIEPOP was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 150m during the running of the race. It was appropriate the protest be upheld, and the horse be disqualified.

Decision:

The protest was upheld with MYBOYLOLLIEPOP being disqualified from the race.

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

1st MANINTHEMIRROR (7)
2nd TRAILER PARK GIRL (9)
3rd TAKE AFTER ME (5)
4th ROYAL JESTER (6)
5th BETTOR BACKIM (2) & STOP MEANS STOP (4)

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

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