NZ Metro TC – 5 May 2006 –

hearingid: a67d753b77e642f5b015ca84db3cfa28

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hearing_racingtype: harness-racing

startdate: 05/05/2006

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hearing_title: NZ Metro TC - 5 May 2006 -

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Following the running of Race 3, PGG Wrightson NZ Yearling Sales 2YO Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against RONNIE COUTE (M P Edmonds), placed 1^st by the judge

Following the running of Race 3, PGG Wrightson NZ Yearling Sales 2YO Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against RONNIE COUTE (M P Edmonds), placed 1^st by the judge, on the ground that it "paced and broke with approximately 50 metres [to run] being lapped on by SUNNIVUE SON (A J Suddaby)".

The judge's official margins were ? length and ? length.

Mr Edmonds represented the connections of RONNIE COUTE at the hearing of the protest. Owner, Mr E S Inwood, was also present.

Mr McIntyre said that, with approximately 50 metres to run, it was observed that RONNIE COUTE went into a pace then into a break and failed to regain its correct gait being lapped on by SUNNIVUE SON at the post.

Mr B D Williams, Assistant Stipendiary Steward, showed video replays of the final stages of the race. He pointed out the 50 metres marker on the inside of the track. He pointed out RONNIE COUTE go into a pace and then break and continue in a gallop. He said that it "may have settled just prior to the post" ? just a stride before the line. Mr Williams also acknowledged that it was difficult to establish the exact point at which RONNIE COUTE went into a pace before breaking, relative to the 50 metres marker. Mr McIntyre disputed the suggestion that RONNIE COUTE was in its correct gate at the finishing line.

Mr McIntyre also alleged that RONNIE COUTE had failed to lose ground by the break. When the horse first went into a pace it was alongside SUNNIVUE SON and it then "galloped forward" and was a half length in front at the line. Mr Edmonds stated that RONNIE COUTE had just headed SUNNIVUE SON when it went into a pace, then galloped.

Mr Edmonds did not dispute that the horse had failed to lose ground in the break. Mr Inwood did not wish to say anything. The Committee amended the information, pursuant to Rule 1111(4), to include an alleged breach of Rule 870 (4) (d) ? failing to lose ground by the break.

The Committee considered all of the evidence including the video evidence. The Committee was not satisfied, firstly, that RONNIE COUTE had broken from its gait and continued on in that break for a distance of 50 metres or greater. Accordingly, the Breaking Horses Regulation does not apply, although the Committee notes that that Regulation states that the Regulation does not preclude a protest being lodged when the distance is less than 50 metres. Secondly, the Committee was not satisfied that the lapped on Rule applied although it did appear that RONNIE COUTE may have been still in a gallop at the finishing line. However, there was even a difference of opinion between two Stipendiary Stewards, Messrs Williams and McIntyre, on that matter. However, the Committee was satisfied that RONNIE COUTE had failed to promptly regain its proper gait (notwithstanding that the distance over which it was not in its correct gait may have been less than 50 metres) and had failed to lose ground by the break, which was admitted by Mr Edmonds. Further, the Committee was satisfied that RONNIE COUTE had thereby gained an advantage in respect of SUNNIVUE SON, placed 2^nd by the judge.

Accordingly the protest was upheld and, as a consequence, RONNIE COUTE was relegated to 2^nd placing, with SUNNIVUE SON being promoted to 1^st placing. The amended placings for the Race are therefore:

1^st 8 Sunnivue Son

2^nd 6 Ronnie Coute

3^rd 1 Royal Game

4^th 3 Paradise Earl

5^th 2 Harvey Krumpet

R G McKenzie

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hearing_type: Old Hearing

Rules: 1111.4, 870.4.d

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