Cambridge – Te Awamutu HRC – 2 October 2008 – Race 5

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hearing_racingtype: harness-racing

startdate: 02/10/2008

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hearing_title: Cambridge - Te Awamutu HRC - 2 October 2008 - Race 5

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An Information instigating a protest was lodged by Stipendiary Steward Mr TW Taumanu against the third placing of horse number 3, Master Malabar alleging that it broke when racing into the first bend and it failed to promptly regain its proper gait and galloped in excess of 150 metres. 

An Information instigating a protest was lodged by Stipendiary Steward Mr TW Taumanu against the third placing of horse number 3, Master Malabar alleging that it broke when racing into the first bend and it failed to promptly regain its proper gait and galloped in excess of 150 metres. 

Mr JW Dickie, the Trainer Driver of Master Malabar was present and confirmed to me that he represented the connections of the horse.   The protest was contested.

The protest being under Rule 870(3) incorporates the application of the Breaking Horses Regulations.

Rule 870(3) states “Any horse which breaks from its gait shall promptly regain its proper gait.”.

Part A of the Breaking Horses Regulations provides “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 Dickie acknowledged that he understood the Rules.

Evidence was given by use of the video film of the race and Stipendiary Steward NM Ydgren gave evidence using the film.   He showed where Master Malabar first went into a break and then he counted the number of pylons that Master Malabar had passed whilst still in a gallop.   Mr Ydgren estimated that Master Malabar had passed between 16 and 17 pylons during the time that it was in the break.

Mr Taumanu gave evidence that the distance between the pylons was 18.3 metres in the front straight, 19.8 metres in the back straight and 10 metres around the bends.   It was the evidence of both Mr Taumanu and Mr Ydgren that even on a conservative estimate Master Malabar had certainly galloped in excess of 150 metres.

Mr Dickie for his part whilst acknowledging that his horse had galloped did show that he had moved his horse out from the pylons to the outside of the field and in doing so he believed that it was a very close call as to whether the horse had galloped for more than 150 metres or less than 150 metres.   Mr Dickie queried the distance between the pylons although he did not challenge Mr Taumanu’s evidence in that regard.

Mr Dickie believed that his horse perhaps did not gallop quite 150 metres when you take into account that during the time that it was galloping that he had angled it out from the field and it might not have galloped for the distance alleged in the information.

I did point out to Mr Dickie that the provisions of Rule 870(3) were quite clear and his horse did not promptly regain its proper gait.

I viewed the films two or three more times and I have the benefit at Cambridge of the films being taken from at least three different angles although two of those angles were in my view relevant.

Taking all matters into account I am satisfied that Master Malabar did gallop in excess of 150 metres and accordingly I am satisfied that it did not promptly regain its proper gait as is provided in Rule 870(3).   This was despite the efforts of Mr Dickie to bring his horse back under control.

I accordingly uphold the protest and pursuant to Rule 1003(2) I disqualify Master Malabar from its third placing in the race.

The amended placings are now

1^st number 6 Fidicia

2^nd number 15 King Kipper

3^rd number 8 Lindenny’s Sunshine

4^th number 4 Earls Idle

5^th number 2 Lockheed

6^th number 5 Jinty

BJ Scott

Chairman

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hearing_type: Old Hearing

Rules: 870.3, 1003.2

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raceid: 8caadddfaccaca176e7a6315ffcfc524

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race_title: Race 5

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meetdate: 02/10/2008

meet_title: Cambridge - Te Awamutu HRC - 2 October 2008

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tracklocation: cambridge-te-awamutu-hrc

meet_racingtype: harness-racing

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name: Cambridge - Te Awamutu HRC