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NZ Metro TC 30 August 2020 - R 1 (instigating a protest) - Chair, Mr R McKenzie

Created on 01 September 2020

Committee:
RMcKenzie (chair)
Respondent(s):
J R Ford
Licensed Graduation Driver
Informant:
P Williams
Stipendiary Steward
Information Number:
A13186
Horse Name:
Test The Boundaries
Persons present:
Evidence:

Following the running of Race 1, IRT. Your Horse. Our Passion. Trot, an information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against TEST THE BOUNDARIES (J R Ford), placed 5th by the Judge, on the ground that it “galloped further than 50 metres in the final straight”.

There was no appearance at the hearing representing the connections of TEST THE BOUNDARIES. However, Mr Williams confirmed, firstly, that Mr Ford had viewed the video replay of the final 200 metres of the race and did not contest the disqualification of the horse and, secondly, he did not wish to be present at the hearing of the information.

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:

(a) Any horse which breaks from its gait within 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 official placings were:

1st  14  Jaguar Bay
2nd   2 Queen of Strathfield
3rd    6 Trixton Time
4th  10 Random Jude
5th    8 Test The Boundaries
6th    7 Be Bee Lass 

Submissions For Decision:

Mr Williams showed a video replay of the final 100 metres of the race. He pointed out TEST THE BOUNDARIES, driven by Mr Ford, racing in 5th position and widest on the track passing the 100 metres. Shortly thereafter, the horse went into a gallop, free of interference, and continued on in a gallop past the finishing line. Mr Williams pointed out the 50 metres marker on the inside of the track and it was clear that TEST THE BOUNDARIES had broken from its gait some distance before that marker, he said.

TEST THE BOUNDARIES finished in 5th placing, Mr Williams said. He sought disqualification of TEST THE BOUNDARIES from the race.

Reasons For Decision:

The Committee was clearly satisfied from the video evidence that TEST THE BOUNDARIES had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop to the finishing line in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Ford did not contest the protest.

Decision:

The protest was upheld and TEST THE BOUNDARIES was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are:

1st  14  Jaguar Bay
2nd   2 Queen of Strathfield
3rd    6 Trixton Time
4th  10 Random Jude
5th   7  Be Bee Lass

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

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