NZ Metro TC 27 May 2010 - R 4 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N R Escott – Stipendiary Steward

Defendant:  N/A

Information No:  14086 (instigating a protest)

Meeting:  New Zealand Metropolitan Trotting Club

Date:  27 May 2010

Venue:  Addington Raceway

Race:  4 – Christian Cullen – Simply the Best Pace

Rule No:  870(5)

Judicial Committee:  J M Phelan, Chairman – J Millar, Committee Member 

FACTS:

Following the running of Race 4, the Christian Cullen – Simply The Best 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 “D’Amore’s First” (10) driven by Mr J. T. Keast.

The Information reads as follows.

“This is a protest against horse number 4 placed 4^th by the Judge on the grounds of breaking from its gait (Rule 870(5)) lapped on by 10 and 1.”

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 “D’Amore’s First” (4) 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 5^th horse “Reggie Royale” (10), and the 6^th horse “Have Fun With Mee” (1). The official margins between 4^th and 5^th was a nose, with .4 of a length back to the 6^th horse.

Mr N. R. McGrath, the trainer of “D’Amore’s First” attended the hearing, and after viewing the video replay of the finish he advised that the protest was not contested.

SUBMISSIONS:

Mr Escott made submissions that “D’Amore’s First” should be relegated from 4^th to 6^th place.

DECISION:

We were satisfied that “D’Amore’s First” was lapped on as alleged, and that the protest was not contested.  Accordingly “D’Amore’s First” was relegated from 4^th to 6^th place, with the amended places being as follows.

1^st – Majestic Cullen (9)

2^nd – Cosmic Dream (7)

3^rd – Dance Band (2)

4^th – Reggie Royale (10)

5^th – Have Fun With Mee (1)

6^th – D’Amore’s First (4)

J M Phelan                               J Millar

CHAIR                                     Committee Member

14086