Ashburton TC 7 June 2010 - R 6 (instigating a protest)
870(3) and "Breaking Horses" Regulation
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 4th in the race.
The Information reads as follows.
“This is a protest against horse number (3) placed 4th 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 4th place, with the amended places being as follows.
1st – Wilusi Blues (8)
2nd – Johnny Be (5)
3rd – Panesar (7)
4th – Amelie (14)
5th – Wotavugot (11)
6th – Courageous Boy (1)
J. M. Phelan S. C. Ching
CHAIR Committee Member
68067
