NZ Metro TC – 10 August 2010 – R 3 (instigating a protest)

hearingid: 9b2f6883023ddd4f60e354dd26e7bf56

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startdate: 10/08/2010

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hearing_title: NZ Metro TC - 10 August 2010 - R 3 (instigating a protest)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: K R Williams, Stipendiary Steward

Defendant:  N/A

Information No: 13946 (instigating a prostest)

Meeting: New Zealand Metropolitan Trotting Club

Date: 10 August 2010

Venue: Addington Raceway, Christchurch

Race: 3

Rule No: 870 (3) and Breaking Horses Regulation

Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member

Plea: N/A

Also present:  Mr P B Burrows (trainer of FOXY CLEOPATRA)

FACTS:

Following the running of Race 3, “Muscle Hill” at Nevele R Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against FOXY CLEOPATRA (R T May), placed 3^rd by the judge, on the ground of breaking from its gait and galloping for a distance in excess of 50 metres in the run home.

Rule 869 provides as follows:

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

The Breaking Horses Regulation provides as follows:

For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:

(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 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).

SUBMISSION(S):

At the outset of the hearing, Mr Burrows confirmed that he did not contest the protest.

Mrs Williams showed a video replay of the final 200-300 metres of the race. She pointed out FOXY CLEOPATRA, racing in the trail behind the leader GOLD REPLY. With approximately 100 metres to run, FOXY CLEOPATRA, when in 2^nd placing, broke from its gait and it continued in a gallop for approximately 90 metres, Mrs Williams alleged. The mare settled back into its correct gait just prior to the finishing line.

REASON(S):

The Committee was satisfied that FOXY CLEOPATRA had 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 and, therefore, had breached Rule 870 (3) in that it had failed to promptly regain its proper gait.

DECISION:

The protest was upheld and FOXY CLEOPATRA was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are as follows:

1^st     4  Gold Reply

2nd   6  Euro

3rd   1   Dora’s Star

4^th    3   Franco Hades

5^th    2   Lilly’s Moment

It was ordered that dividends and stakes be paid in accordance with that amended result.  

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hearing_type: Old Hearing

Rules: 870 (3) and Breaking Horses Regulation

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