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23 May 2021
Rangiora-Hrc - R6

Rangiora HRC 23 May 2021 - R 6 (instigating a protest) - Chair, Mr R McKenzie

Created on 18 June 2021

Rules:
870(4)
Committee:
RMcKenzie (chair)
Respondent(s):
M P Jones
Licensed Public Trainer
Informant:
P Williams
Stipendiary Steward
Information Number:
A13325
Horse Name:
Michelle
Persons present:
Evidence:

Following the running of Race 6, Levelhead Insulation Passing Lane Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against MICHELLE (S J Ottley), placed 4th by the Judge, on the ground that it broke over the concluding stages and failed to lose ground in a break”.

Mr Jones, Trainer of MICHELLE, had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest and did not wish to be present at the hearing.

Rule 870 provides as follows:

(4) Any horse which breaks from its gait in any race and:-

(d) which fails to lose ground by the break;

may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

The Judge’s placings for the race were as follows:

1st  8 Bright Glow
2nd 6 Kowhai Sundown
3rd 9 Royal Del
4th 7 Michelle
5th 4 Sonoma Tyron

Submissions For Decision:

Mr Williams showed a video replay of the concluding stages of the race. He pointed out MICHELLE, driven by Ms Ottley, finishing fast widest on the track, go into a break inside the 50 metres when in 4th position and continue in a gallop to the finishing line, finishing in 4th placing. It was not lapped on by the 5th placed runner, SONOMA TYRON.

Mr Williams submitted that MICHELLE had gained ground in the break, but for which it would have been lapped on by SONOMA TYRON. MICHELLE had therefore gained an advantage over that runner, he said, and submitted that it should be relegated to 5th placing.

Reasons For Decision:

The Committee was satisfied that MICHELLE had broken from its gait inside the final 50 metres of the race, free of interference, and had crossed the line in 4th placing, and not lapped on by the 5th placed runner, SONOMA TYRON. The Committee was further satisfied that MICHELLE had failed to lose ground in the break and, in fact, had gained ground.

Finally, the Committee was satisfied that, in gaining ground in the break, MICHELLE had gained an advantage over SONOMA TYRON by avoiding being lapped on by that runner which, the Committee finds, was inevitable prior to its breaking.

The Committee also noted that Mr Jones, Trainer of MICHELLE, did not contest the protest.

Decision:

The protest was upheld and MICHELLE was relegated to 5th placing.

Consequent upon the relegation, the amended result for the race is as follows:
1st  8 Bright Glow
2nd 6 Kowhai Sundown
3rd  9 Royal Del
4th  4 Sonoma Tyron
5th  7 Michelle

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

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