Ashburton TC 7 June 2010 – R 6 (instigating a protest)

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startdate: 07/06/2010

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hearing_title: Ashburton TC 7 June 2010 - R 6 (instigating a protest)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N.M. Ydgren – Stipendiary Steward

Defendant:  N/A

Information No:  13953 (Instigating a protest)

Meeting:  Ashburton Trotting Club       

Date:  7 June 2010

Venue:  Ashburton Raceway                                        

Race No:  6 – Fulton Hogan Ltd Mobile Pace  

Rules:  870(3) and “Breaking Horses” Regulation

Judicial Committee:  J. M. Phelan, Chairman - S. C. Ching, Committee Member

FACTS:

Following the running of Race 6, the Fulton Hogan Ltd Mobile Pace, an information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 870(3) and the “Breaking Horses” Regulation by “Fiery Del” (3), which finished 4^th in the race.

The Information reads as follows.

“This is a protest against horse number (3) placed  4^th  by the Judge on the grounds of breaking from its gait, Rule 870(3) and Breaking Horses Regulation.  Shortly after the start 3 broke for approx. 200m.”

Rule 870(3) provides as follows.

“(3) Any horse which breaks from its gait shall promptly regain its gait.”

Clause (a) of the “Breaking Horses” Regulation provides as follows.

“(a)     Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 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.”

Mr Ydgren gave evidence and used video coverage to show that shortly after the start  “Fiery Del” (3) broke from it gait and continued in a break for about 200  metres.

Mr R. T. May, the driver of “Fiery Del”, had endorsed the Information – “I do not contest the protest”.

SUBMISSIONS:

Mr Ydgren made submissions that “Fiery Del” be disqualified from this race.

DECISION:

We were satisfied that “Fiery Del” did break from its correct gait for about 200 metres as alleged.  The protest was not contested and accordingly “Fiery Del” was disqualified from its 4^th place, with the amended places being as follows.

1^st – Wilusi Blues (8)

2^nd – Johnny Be (5)

3^rd – Panesar (7)

4^th – Amelie (14)

5^th – Wotavugot (11)

6^th – Courageous Boy (1)

J. M. Phelan                             S. C. Ching

CHAIR                                     Committee Member

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Rules: 870(3) and "Breaking Horses" Regulation

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