NZ Metro TC 9 October 2010 - R 5 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N. R. Escott, Chief Stipendiary Steward

Defendant:  N/A

Information No:  14555 (Instigating a Protest)

Meeting:  New Zealand Metropolitan Trotting Club    

Date:  9 October 2010

Venue:  Addington Raceway                                      

Race No. 5:  Hellers Ltd Handicap Trot

Rule No:  870(5)

Judicial Committee:  J. M. Phelan, Chairman - K. G. Hales, Committee Member

Facts:

Following the running of Race 5, the Hellers Ltd Handicap Trot, 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 “King Charlie” (8) driven by Mr N. R. McGrath.

The Information reads as follows.

“This is a protest against horse number 8  placed 2^nd by the Judge on the grounds of breaking from its gait (Rule 870(5)) over the finishing line.”

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 “King Charlie” 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 3^rd horse, “With Intent”, and the 4^th horse, “Goldstar Invasion” (2). The official margins between the 2^nd and 3^rd horses were .3 of a length, and between the 3^rd and 4^th  horses was .5 of a length.

Mr N. R. McGrath, the trainer of “King Charlie”, had endorsed the Information – “I do not contest the relegation of King Charlie to 4^th place”.

Submissions:

Mr Escott made submissions that “King Charlie” be relegated from 2^nd to 4^th place.

Decision:

We were satisfied that “King Charlie” was lapped on as alleged, and that the protest was not contested.  Accordingly “King Charlie” was relegated from 2^nd to 4^th place, with the amended places being as follows.

1^st – Stylish Monarch (6)

2^nd – With Intent (3)

3^rd – Goldstar Invasion (2)

4^th – King Charlie (8)

5^th – Beat The Monarch (5)

6^th – Stormy Loch (1)