Rangiora HRC 15 August 2010 - R 9 (instigating a protest)
870(3) and Breaking Horses Regulation
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N R Escott, Chief Stipendiary Steward
Defendant: N/A
Information No: 13994 (Instigating a protest)
Meeting: Rangiora Harness Racing Club
Date: 15 August 2010
Venue: Rangiora Raceway
Race: 9
Rule No: 870 (3) and Breaking Horses Regulation
Judicial Committee: R G McKenzie, Chairman – P J Rosanowski, Committee Member
Plea: N/A
FACTS:
Following the running of Race 9, “Raffaello Ambrosio” Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against READY SET (N R McGrath), placed 4th by the judge, on the ground of breaking from its gait, specifically, that it “broke with 150 metres to run failing to regain its proper gait”.
Rule 869 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).
SUBMISSION(S):
Mr N R McGrath, the trainer/driver of READY SET, had endorsed and signed on the information form that the “connections do not contest the protest”.
Mr Escott showed a video replay of the final 200-300 metres of the race. He pointed out READY SET in the lead turning into the home straight. With approximately 150 metres to run, READY SET, while still in the lead, broke from its gait and it continued in a gallop to the finishing line. The horse finished in 4th placing.
Mr McGrath’s explanation to the Stewards was that he had dropped his whip and the mare had gone off stride when he leaned to his right to regather it. This was clearly borne out by the head-on video replay.
Mr Escott sought disqualification of READY SET.
REASON(S):
The Committee was satisfied that READY SET had broken from its gait approximately 150 metres from the finishing line and had continued on in the break to the finishing line – that is to say, for a distance of 50 metres or greater and, therefore, had breached Rule 870 (3) in that it had failed to promptly regain its proper gait. In terms of the Breaking Horse Regulation, disqualification of READY SET was mandatory.
DECISION:
The protest was upheld and READY SET was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are as follows:
1st 13 Lexie Highlander
2nd 5 Proud Quilt
3rd 7 Endeavour Sunset
4th 1 Betty Be Good
5th 12 Native’s Brite Spark
It was ordered that dividends and stakes be paid in accordance with that amended result.
