Marlborough HRC – 17 January 2010 – Race 5

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startdate: 17/01/2010

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hearing_title: Marlborough HRC - 17 January 2010 - Race 5

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No. 13982 - Protest
Meeting  Marlborough Harness Racing Club at Waterlea Racecourse
Date Sunday 17 January 2010
Judicial Committee Chairman :  P H M Welch  Panel Member :  P Williams
Race 5
Rule 870 (3) & (5)

Informant :  Mr N R Escott, Chief Stipendiary Steward
Connections : Mr C Butt, Junior Driver, BARGAIN BASEMENT; Mr A Butt, assisting Mr C Butt

Following the running of race 5, the Springfresh Discretionary Handicap Trot, a protest was lodged by the stipendiary stewards against horse number 9, BARGAIN BASEMENT (C Butt), placed 1st by the judge, on the grounds that it was in its incorrect gait for the last 20 metres of the race, and was lapped on to SUN RAYA.

RACEDAY JUDICIAL COMMITTEE DECISION 

Information No. 13982 - Protest
Meeting  Marlborough Harness Racing Club at Waterlea Racecourse
Date Sunday 17 January 2010
Judicial Committee Chairman :  P H M Welch  Panel Member :  P Williams
Race 5
Rule 870 (3) & (5)

Informant :  Mr N R Escott, Chief Stipendiary Steward
Connections : Mr C Butt, Junior Driver, BARGAIN BASEMENT; Mr A Butt, assisting Mr C Butt

Following the running of race 5, the Springfresh Discretionary Handicap Trot, a protest was lodged by the stipendiary stewards against horse number 9, BARGAIN BASEMENT (C Butt), placed 1st by the judge, on the grounds that it was in its incorrect gait for the last 20 metres of the race, and was lapped on to SUN RAYA.

The placings were : 9 – 8 – 15 – 11 – 14 – 16, and the margin between 1st and 2nd was a neck, with 2 ¾ lengths to the 3rd horse.

At the hearing was Junior Horseman Mr C Butt, the driver of BARGAIN BASEMENT and, assisting him and representing the connections of the horse, was Mr A Butt.

Presenting his evidence, Chief Stipendiary Steward Mr Escott explained that at the finish of the race the winner, BARGAIN BASEMENT, (C Butt) was in its incorrect gait.  He said that the race was a trotting event and the stewards alleged that BARGAIN BASEMENT was in a pace for at least the last 20 metres of the race.  He then referred to the video of the race to support his argument.  He showed it trotting correctly in the straight but then indicated that, at the finish of the race, it was in a pace.

Mr A Butt, representing the stable, did not accept that the horse had paced.  He said that he believed the horse was trotting roughly near the finish and that it was clearly past the post when it galloped. He agreed that it was definitely going rough near the line but, in his view, it was still trotting and he couldn’t see where it was supposed to have changed from a trot to a pace.

Asked if he saw or felt any change of gait, Mr C Butt acknowledged that the horse broke after the line but he said he felt it just trotted roughly to the line.

The parties were advised by the Committee that there was no dispute that the horse had broken just past the line, and that the alleged breach related not to it breaking at that point, but being in the incorrect gait at the finish of the race.

Asked for any further comment, Mr A Butt concluded by saying there was too much doubt and that the benefit had to go to the horse.  He said it clearly got to the line before it galloped.

DECISION
Given the close proximity to the next race, the parties were advised that a brief decision would initially be given, with a full written decision to follow.

This was a protest lodged against horse no. 9, BARGAIN BASEMENT (C Butt) placed 1st by the judge, on the grounds that it was not in its correct gait at the finish of the race, and was lapped on to the second horse, SUN RAYA.

Evidence has been heard from Messrs A and C Butt, and from the stipendiary stewards, and we have had the opportunity to view extensively the video of the race, including frame by frame.

Rule 870 (3) reads : -
‘Any horse which breaks from its gait shall promptly regain its proper gait.’

Following the evidence, the Committee is satisfied that, some distance before the post, and we find that it is about the 40 metre mark, the winner of the race, BARGAIN BASEMENT, switches into a pace and continues in its incorrect gait to the finish line.  Being in a pace, it fails to regain its ‘proper’ gait.

It was not in dispute that BARGAIN BASEMENT broke after the winning post; the alleged breach relates to the horse being in the incorrect gait at the winning post and we are satisfied, with the aid of compelling video evidence, that that is the case.

It is a trotting event, and we accept that BARGAIN BASEMENT switches from a trot to a pace, and is in a pace at the finish line where it is lapped on by SUN RAYA, placed second in the event.  Thus the protest is upheld and BARGAIN BASEMENT, in accordance with Rule 870 (5) is relegated to behind SUN RAYA.

The placings are now :
1. 8 SUN RAYA
2. 9 BARGAIN BASEMENT
3. 15 CATHY COMBO
4. 11 NEVILLE VAUGHAN
5. 14 HAVE FAITH
6. 16 WILLY LIGHTFOOT

P H Welch     P Williams
Chair             Committee member
13982

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hearing_type: Old Hearing

Rules: 870.5, 870.3

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