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Hawera HRC 21 April 2014 - R 3 (instigating a protest)

Created on 22 April 2014

NMcCutcheon (chair)
Ms N Chilcott - Licensed Trainer/Driver
Mr L Tidmarsh - Stipendiary Steward
Information Number:
Horse Name:
Persons present:
Mr R Neal - Co-Chief Stipendiary Steward

Following the running of Race 3 (Brian Fleming Memorial Mobile Pace 2000m) Information No. A3354 was filed with the Judicial Committee. The Information read that P TOMADO improved inside the marker pegs rounding the final bend.

The Judge’s placings were:

1st No.2 P TOMADO
4th No.10 GILTED

Rule 869(7)(B) reads:

Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race.

Ms Chilcott acknowledged that she understood the rule.

Submissions For Decision:

Mr Tidmarsh and Mr Neal showed the alleged incident on film replays and showed where P TOMADO had gone over the outside of the first marker peg, then the inside sulky wheel went inside the next three marker pegs, and finally went over the outside of the next peg. Mr Neal said that the distance travelled inside the pegs was perhaps in excess of 30m. The committee was informed that the marker pegs were 10m apart.

Ms Chilcott said that her horse did go over and inside the pegs, but that it was difficult to say how far she had travelled inside the pegs, but said that it was between 27 and 29 metres and definitely not more than 30 metres. She added that the angle of the films did not clearly show the distance that she had been inside the pegs.

In summing up, Mr Tidmarsh said that in the Stipendiary Stewards' view it was 50/50 whether the horse (P TOMADO) went 29 or 30 metres inside the marker pegs. As a result of this comment, the Chairman then asked the Stipendiary Steward if there was now some doubt as to the distance. His response was that there was some doubt as he could not say for sure that she (Ms Chilcott) was inside the markers for more than 30 metres.

Reasons For Decision:

Taking into account the content of all submissions and in particular the final submission made by the informant, and that there was not any compelling evidence that P TOMADO had travelled inside the marker pegs for more than 30 metres, which is the requirement for a disqualification, the committee reached the conclusion that the protest could not be sustained.


The protest was dismissed with the dividends and prize money to be paid on the Judge’s placings.

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