Wairion TC 17 October 2010 - R 5 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr. C .J. Allison

Defendant: N/A

Information No: 13722 (Instigating a protest)

Meeting: Wairio Trotting Club

Date: 17 October 2010

Venue: Winton

Race: 5

Rule No: 870 (3) and (4) (a) Breaking horse regulation.

Judicial Committee: Mr. A. Dennis, Chairman – Mr. N. Skelt, Committee Member

FACTS:

Following the running of Race 5,the Transport Services Mobile Trot, an Information Instigating a Protest was filed by Mr. C. Allison alleging a breach of Rule 870(3) and (4) (a).

The protest was against horse no8 being placed 5^th.

The Information read as follows:

‘With approx. 140m to run, Demon Darb (A. F. Hunter broke and failed to regain its correct gait.

Rule 870 (3) and (4) (a) provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait;

(4) Any horse which breaks from its gait in any race and:- (a) which fails to gain its proper gait, may(in addition to any other penalty imposed pursuant to rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any horse in respect of which any advantage may have been gained.

Mr. Allison gave evidence and used video to show that Demon Darb had broken with approx. 140 m to run and did not return to its proper gait.

Mr. A. F. Hunter (Driver of Demon Darb) agreed with this submission.

DECISION:

The committee was satisfied the Demon Darb driven by Mr. A. Hunter did in fact break with approx. 140 m to run and that this horse should be disqualified from 5^th placing.

Accordingly the revised placings will be:

1^st.       Jacka Jack (7)

2^nd        Geena’s Star (6)

3^rd        Patienceofasaint (3)

4^th        The Fiery Ginga (9)

5^th        Aleana (12)

6^th        Mexican Invasion (4)