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Westport TC 8 March 2019 - R 10 (instigating a protest) - Chair, Mr S Ching

Created on 11 March 2019

Rules:
870 (5)
Committee:
SChing (chair)
GClapp
Respondent(s):
J Morrison-Junior Horseman
Informant:
S Wallis-Stipendiary Steward
Information Number:
A10839
Horse Name:
NO FEARS
Persons present:
Evidence:

Following the running of Race 10, the Buller R&E/ New World Westport Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against NO FEARS, driven by Mr D Morrison, placed 4th by the judge, in that NO FEARS broke in the final stages and was lapped on by 5th placed SODS LAW as the horses passed the post, which is in breach of Rule 870 (5).

The Judges placings in this race were as follows.

1st SUNNY GLENIS (10)
2nd OVERZEALOUS (2)
3rd BELMONT’S GREATEST (12)
4th NO FEARS (13)
5th SODS LAW (7)
6th BRIGHT GLOW (1)

Mr Morrison represented the connections of NO FEARS and had indicated on information that the protest was not contested. Mr Morrison confirmed this at the hearing.

Rule 870 (5) provides as follows:

”Notwithstanding the provisions of sub-rule(4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”

Submissions For Decision:

Mr Wallis showed a video replay of the final stages of the race. He pointed out NO FEARS, driven by Mr Morrison, when in 4th place, break from its correct gait just prior to the line near the 30m and continue on in a break until the finish line, eventually finishing in 4th place. Mr Wallis stated that the margin between 4th and 5th was a neck. He submitted that NO FEARS was clearly lapped on by the 5th placed SODS LAW when crossing the finish line.

Mr Wallis submitted that the Stewards were seeking relegation of NO FEARS to behind the 5th placed, SODS LAW.

Reasons For Decision:

The Committee was satisfied that NO FEAR was in breach of Rule 870 (5). It was clear that NO FEAR had broken from its gait at the 30m and thereafter continued on in a break, as it crossed the finish line. NO FEAR was clearly lapped on by the 5th placed SODS LAW. It was appropriate the protest be upheld and that NO FEARS be relegated to 5th place.

Decision:

The protest was upheld, and NO FEARS was relegated to 5th place behind SODS LAW.

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

1st SUNNY GLENIS (10)
2nd OVERZEALOUS (2)
3rd BELMONT’S GREATEST (12)
4th SODS LAW (7)
5th NO FEARS (13)
6th BRIGHT GLOW (1)

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

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