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06 Sep 2019
Nz-Metro-Tc - R9

NZ Metro TC 6 September 2019 - R 9 (Instigating a Protest) - Chair, Mr R McKenzie

Created on 10 September 2019

Committee:
RMcKenzie (chair)
HWeston
Respondent(s):
K A Butt
Licensed Open Driver
Informant:
N M Ydgren
Chief Stipendiary Steward
Information Number:
A10767
Horse Name:
Quaestor
Persons present:
Evidence:

Following the running of Race 9, Rangiora ITM Mobile Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms K A Butt, alleging that QUAESTOR, driven by Ms Butt, placed 3rd by the judge, “broke in excess of 50 metres in the final 200 metres of the race”.

Ms Butt was present at the hearing of the information, representing the connections of QUAESTOR.

Rule 870 provides as follows:

(3) Any horse which 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 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 judge’s official placings were:

1st   7 Monrika
2nd  5 Sugar Cane
3rd  6 Quaestor
4th  8 Milly An Eyre
5t   2 Rachmaninov

Submissions For Decision:

Mr Ydgren showed a video replay of the final 300 metres of the race and pointed out QUAESTOR, driven by Ms Butt leading the field entering the home straight. Mr Ydgren pointed out the sign indicating the point 100 metres from the finish and the marker on the inside of the track indicating likewise. He submitted that QUAESTOR had paced for a stride before going into a gallop prior to the 100 metres. Ms Butt submitted that it would have broken from its gait right on the 100 metres.

He then pointed out the marker on the inside of the track, indicating the distance 50 metres from the finishing line and then, playing the video replay forward, showed QUAESTOR regaining its gait just past that 50 metres marker. Stewards were submitting that QUAESTOR had broken from its gait just prior to the 100 metres, continued in a gallop and regained its proper gait just past the 50 metres and, therefore, had continued on, out of its gait, for a distance of 50 metres or greater, Mr Ydgren said. Ms Butt said she believed that her horse had regained its proper gait right at the 50 metres. Mr Ydgren sought disqualification of QUAESTOR.

Reasons For Decision:

Whilst the Committee accepted that the distance for which QUAESTOR had been out of its gait within the final 200 metres of the race did not greatly exceed 50 metres or greater, it was nevertheless satisfied that it had been out of its gait for a distance of 50 metres or greater, from studying the video replay with reference to the distance markers on the track. We accepted the submission of Mr Ydgren in this regard, and believe that it was borne out by the video replay. Therefore, QUAESTOR has breached the Regulation and we are required to disqualify it from the race. 

Decision:

The protest is upheld and QUAESTOR is disqualified from the race.

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

1st   7 Monrika
2nd  5 Sugar Cane
3rd  8 Milly An Eyre
4th  2 Rachmaninov
5th  1 Tonique de Feu

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

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