RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)

Informant: N R Escott, Chief Stipendiary Steward

Defendant:

Information No: 13707

Meeting: Marlborough Harness Racing Club

Date: 20 June 2010

Venue: Waterlea Raceway, Blenheim

Race: 4

Rule No: 870 (3) and Breaking Horses Regulations

Judicial Committee: R G McKenzie, Chairman

FACTS:

Following the running of Race 4, Royal Hotel Discretionary Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against GOLDSTAR INVASION (T S Chmiel), placed 5^th by the judge, on the ground of breaking from its gait “after approximately 100 metres”.

Mr S M Evans, co-owner and trainer of GOLDSTAR INVASION, had endorsed and signed on the information form “I do not contest the protest”.

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:

(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.

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).

SUBMISSIONS:

Mr S P Renault, Stipendiary Steward, showed a video replay of the race. He pointed out GOLDSTAR INVASION, racing in a midfield position and 3-wide shortly after the start, break from its gait and then continue in a break, he alleged, for a distance clearly in excess of 150 metres.

Mr Escott sought disqualification of GOLDSTAR INVASION.

REASONS:

The Committee was satisfied that GOLDSTAR INVASION had broken from its gait shortly after the start of the race and, also, had failed to promptly regain its proper gait, in that it had continued on in a break for a distance of 150 metres or greater. This was clearly established by the video evidence. The Committee also noted that Mr Evans was not contesting the protest.

DECISION:

The protest was upheld and GOLDSTAR INVASION was disqualified from the race.

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

1^st   14   The Tin Man

2^nd    4    Dixie Command

3^rd     5   Orse M Jogmar

4^th     8   Challenge Opawa

5^th   12   Shoe In

6^th     2   Tehoro Grace

R G McKenzie                 

Chairman

13707