RACEDAY JUDICIAL COMMITTEE DECISION (instigating a Protest)

Informant: N R Escott Chief Stipendiary Steward

Information No: 13992

Meeting: New Zealand Metropolitan Trotting Club

Date: 16 July 2010

Venue: Addington Raceway, Christchurch

Race: 5

Rule No: 869 (7B)

Judicial Committee: R G McKenzie, Chairman – J Millar, Chairman

FACTS:

Following the running of Race 5, Neutrogena Norwegian Formula Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against TOR RILEY (K G Cameron), placed 4th by the judge, on the ground that it “shifted inside the markers rounding the final bend”.

Mr M J House, trainer of TOR RILEY, had endorsed on the information form:

“M House (trainer) accepts with [sic] Stipendiary Stewards that the horse be disqualified”. Mr House was not present at the hearing of the information.

Rule 869 provides as follows:

(7B)  Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.

SUBMISSION(S):

Mr Escott showed video replays of the race between the 300 and 100 metres. He pointed out TOR RILEY, trailing the leader approaching the home turn. He then pointed out the inside sulky wheel of that horse, quite clearly, travel inside four track markers.  Mr Escott submitted that it was clear from the video replay that this was clearly not a case where there was interference by another horse or horseman.  He sought disqualification of TOR RILEY.

REASON(S):

The Committee was satisfied that the sulky wheel of TOR RILEY had moved inside the track marker line (as defined by the track markers) for a distance of more than 30 metres inside the last 600 metres of the race, without any interference by another horse or horseman, in breach of Rule 869 (7B). That Rule states that disqualification is mandatory where a breach of the Rule is proved.  The Committee also noted that Mr House, trainer of TOR RILEY, did not contest the protest.

DECISION:

The protest was upheld and TOR RILEY was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:

1^st    12  Skip Bo

2^nd   15  Ultimate Player

3^rd     3   Fresco Denario

4^th   10   Rural Jack

5^th   13   Ruby River

6^th     2   Rockdale Style

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

R G McKenzie                  J Millar

Chairman                        Committee Member

13992