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11 Jun 2021
Nz-Metro-Tc - R4

NZ Metro TC 11 June 2021 - R 4 (Instigating a Protest) - Chair, Mr S Ching

Created on 15 June 2021

Committee:
SChing (chair)
OJarvis
Respondent(s):
M Williamson-Open Horseman
Informant:
Ms R Haley - Stipendiary Steward
Information Number:
A13663
Horse Name:
MY MOMENT’S NOW
Persons present:
Evidence:

Following the running of Race 4, the Spectators Is Open Sunday’s Handicap Trot, Stipendiary Steward, Ms R Haley, filed an Information instigating a protest against MY MOMENT’S NOW, driven by Mr M Williamson, placed 5th 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   FULL OF HOPE (4)
2nd SUGARNSPICE (6)
3rd  SALLY LINDENNY (3)
4th  SIOUX PRINCESS (10)
5th  MY MOMENT’S NOW (9)
6th  CALL THIS FUN (8)

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:

Ms Haley showed video replays of the final 200m of the race. She pointed out MY MOMENT’S NOW who was in contention passing the 200m, go into a break near the 130m and continue on in a gallop for the remainder of the race, clearly in excess of 50m limit within the final 200m.

Ms Haley stated that the connections had endorsed the Information that they did not contest the protest and did not wish to be present at the hearing. She submitted that the Stewards were seeking disqualification of MY MOMENT’S NOW.

Reasons For Decision:

The Committee was satisfied, after hearing evidence and viewing the relevant films, that MY MOMENT’S NOW was in breach of Rule 870(3) and the Breaking Horses Regulations by breaking near the 130m and galloping for the remainder of the race, 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 MY MOMENT’S NOW was disqualified from the race.

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

1st   FULL OF HOPE (4)
2nd  SUGARNSPICE (6)
3rd   SALLY LINDENNY (3)
4th   SIOUX PRINCESS (10)
5th   CALL THIS FUN (8)
6th   SAMANTHAS MOON (1)

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

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