NZ Metro TC – 19 May 2009 – Race 2

hearingid: 6c7843b04be62d95e99f53baa73a0854

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startdate: 19/05/2009

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hearing_title: NZ Metro TC - 19 May 2009 - Race 2

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Following the running of Race 2, Airport Bookshop Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against WILLIAM TELL (R P Nyhan), placed 5th by the judge, on the grounds of breaking from its gait over the final stages.

Following the running of Race 2, Airport Bookshop Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against WILLIAM TELL (R P Nyhan), placed 5th by the judge, on the grounds of breaking from its gait over the final stages.

Mr R P Nyhan had represented to the Stipendiary Stewards that he was authorised to represent the connections of WILLIAM TELL and had signed the information form indicating that the protest was not contested.

Rule 870 provides as follows”
(3)   Any horse which breaks from its gait shall promptly regain its proper gait.

The Breaking Horses Regulation provides:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply to breaking horses:
(a) 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)

Mr Renault showed a video replay of the final 200 metres of the Race. He pointed out WILLIAM TELL, racing in 4th position, go into a break approximately 100 metres from the finish and continue in a gallop to the finishing line, finishing in 5th position.

The Committee was satisfied that WILLIAM TELL had failed to promptly regain its proper gait in that it clearly broken from its gait within the final 200 metres of the Race and had continued on in the break for a distance of 50 metres or greater in breach of the Breaking Horses Regulation.

Accordingly, the protest was upheld and WILLIAM TELL was disqualified from the Race pursuant to Rule 1103 (2) (a).

Consequent upon the disqualification, the amended placings for the Race are as follows:
1st    1  Kosmopolitan Lavra
2nd   2  St Croix
3rd   5  Gemstone
4th   9  Royal Loch
5th   6  Three By Two

R G McKenzie
CHAIRMAN
13895

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hearing_type: Old Hearing

Rules: 870.4, 1003.2, 1103.2.a, 870.3

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