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NZ Metropolitan TC 30 November 2018 - R 2 (instigating a protest) - Chair, Mr D Jackson

Created on 03 December 2018

Committee:
DJackson (chair)
SChing
Respondent(s):
Informant:
Mr N Ydgren - Chief Stipendiary Steward
Information Number:
A4248
Horse Name:
ONE OVER DA STARS
Persons present:
Evidence:

Following the running of Race 2 of this meeting, an Information instigating a protest was lodged by Chief Stipendiary Steward, Mr N Ydgren against the first placing of ONE OVER DA STARS on the grounds that it galloped at the start of this 1980 metre mobile pace and continued to do so in excess of 150 metres in breach of the Breaking Horses Regulation.

The first six provisional placings were:

3 - ONE OVER DA STARS

2 - IN SEQUENCE

11 - JERRY GARCIA

9 - AGATHA TYRON

10 - MEKONG PRINCESS

5  - MAJESTIC MOMENT.

The hearing proceeded on the basis that Mr Hope, the trainer of ONE OVER DA STARS, did not admit the breach. However, in fairness to Mr Hope it must be recorded that the hearing was more a case of his wanting to see the video further and waiting to hear from the Committee with its decision.

Rule 870(3) provides that “any horse which breaks from its gait during a race shall promptly return to its correct gait".

The Breaking Horses Regulations provide that any horse which breaks from its gait and gallops in excess of 150 metres in a race shall be deemed to be in breach of Rule 870(3) and may be disqualified from the race.

Submissions For Decision:

Mr Ydgren replayed the race video and showed ONE OVER DA STARS break near the 1980 metre start and gallop for approximately 160 metres before returning to its gait and completing the race. The horse surged to a prominent position in the race and won in impressive style.

Mr Ydgren submitted that ONE OVER DA STARS was in breach of Rule 870(3) and should be disqualified from the race.

Mr Hope conceded, once he had seen the video replays from all angles and had had the distances of the running poles explained to him that the horse had breached the Rule.

Reasons For Decision:

On Mr Hope’s admission and on the evidence available the breach is proved and disqualification must follow under the Rule.

Decision:

The protest is upheld, and ONE OVER DA STARS is disqualified from the race and those horses which passed the post behind it are promoted one place accordingly.

The first six placings are now:

2 - IN SEQUENCE

11 - JERRY GARCIA

9 - AGATHA TYRON

10 - MEKONG PRINCESS

5 - MAJESTIC MOMENT

6 - HONEYS SON

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