NZ Metro TC – 20 July 2006 –

hearingid: ee15561980490e39d9f5777f570345bf

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 20/07/2006

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 20 July 2006 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 2, the Temp's Bar Trot, an information was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 870(4)(a) and the "Breaking Horses" Regulations by "Zandara"

Following the running of Race 2, the Temp's Bar Trot, an information was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 870(4)(a) and the "Breaking Horses" Regulations by "Zandara" (1) driven by Mr M. P. Jones. Mr Jones advised that he would represent the connections of "Zandara".

The information reads as follows.

"This is a protest against horse number (1) placed 2^nd by the judge on the grounds of breaking from its gait (Rule 870(4)(a)) and the Breaking Horse Regulations."

Rule 870(4)(a) reads as follows.

"(4) Any horse which breaks from its gait in any race and:-

------

--
1. which fails to promptly regain its proper gait ?.
--
2. ?.
--
3. ?.
--
4. ?..

may (in addition to any other penalty which may be imposed pursuant to Rule 1003 hereof) subject to the Breaking Horse Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained."

The relevant "Breaking Horse" Regulation reads as follows.

"(b) 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 failed to promptly regain its proper gait."

Mr Jones confirmed that the protest was contested and that he understood the nature of the protest.

Mr McIntyre gave evidence that with about 150 metres to run "Zandara" broke from its gait and continued in a break for a little over 50 metres. Mr Ydgren illustrated this incident by means of video coverage. Mr McIntyre advised that the track markers in the straight are between 21.2 and 21.3 metres apart. It was Mr McIntyre's belief that as "Zandara" had been in a break for more than 50 metres it had breached the "Breaking Horses" Regulations and should be disqualified.

Mr Jones agreed that his horse had been in a break as described, but he was not convinced that it was more than 50 metres.

The video coverage of the incident showed that "Zandara" had broken from its gait a short distance before a marker, and had continued in a break while passing the next three markers. "Zandara" had regained its proper gait shortly after reaching the third marker. It was clear that "Zandara" had been in a break for more than 40 metres, but it was not clear as to the exact distance.

Mr McIntyre advised that Mr Jones had met all his responsibilities in that he had promptly taken all reasonable steps to return "Zandara" to its proper gait, and that it had lost ground while in a break. The only matter to be determined in this protest was whether or not "Zandara" had been in a break for 50 metres or more in the final 200 metres.

After hearing the evidence and seeing the video coverage of this incident I was not satisfied that it was clear that "Zandara" had in fact been in a break for more than

the required 50 metres. "Zandara" was entitled to the benefit of the doubt in this case and the protest was accordingly dismissed.

JM Phelan

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 870.4.a, 870.3

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: