NZ Metro TC 21 May 2010 - R 3 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N R Escott – Chief Stipendiary Steward

Defendant:  N/A

Information No:  13973 (instigating a protest) 

Meeting:  New Zealand Metropolitan Trotting Club

Date:  21 May 2010

Venue:  Addington Raceway

Race:  3 – Walker Davey Lt Mobile Pace

Rule No:  870(5)

Judicial Committee:  J M Phelan, Chairman – R G McKenzie, L N McCutcheon, Committee Members 

FACTS:

Following the running of Race 3, the Walker Davey Ltd Mobile Pace, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” Rule, Rule 870(5), by “Lilac Splash” (10) driven by Mr R. T. May.

The Information reads as follows.

“This is a protest against horse number 10 placed 3^rd by the Judge on the grounds of breaking from its gait (Rule 870(5)) lapped on over the final stages.”

Rule 870(5) provides as follows.

“(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.”

Mr Escott gave evidence and used video coverage to show that “Lilac Splash” had broken from its correct gait a short distance before the finishing line, and was still in its incorrect gait when it reached the finishing line.  At that time it was lapped on by the 4^th horse, “San Fran Lady” (9), the 5^th horse “Seshney Bromac” (5), and the 6^th horse “Sounds Alive” (4). The official margins between the 3^rd and the 6^th horses were a nose, a nose and .7 of a length.

Mr D. A. Taylor, the trainer of “Lilac Splash”, had endorsed the Information – “I do not contest protest”.

SUBMISSION:

Mr Escott made submissions that “Lilac Splash” be relegated from 3^rd to 6^th place.

DECISION:

We were satisfied that “Lilac Splash” was lapped on as alleged, and that the protest was not contested.  Accordingly “Lilac Splash” was relegated from 3^rd to 6^th place, with the amended places being as follows.

1^st – Magicol Topaz (1)

2^nd – Renaissance Franco (6)

3^rd – San Fran Lady (9)

4^th – Seshny Bromac (5)

5^th – Sounds Alive (4)

6^th – Lilac Splash (10)

J M Phelan                   R G McKenzie and L N McCutcheon

CHAIR                         Committee Members

13973