Auckland TC 13 February 2026 – R1 – David John Butcher

Summary of Facts

Following the running of Race 1, Stipendiary Steward Craig Lomey filed an Information instigating a protest alleging a breach of r869(7B) in that “MISS BEBE” gained an advantage by racing inside the marker line rounding the final bend.

The provisional placings were

1  No 4

2  No 6

3  No 7

4  No 8

Rule 869(7B) reads:

Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.

Submissions for Decision:

Using the race film relating of the relevant incident as the field rounded the final bend, Stipendiary Steward C Lomey demonstrated that MISS BEBE broke at the 400 metre mark and was taken down inside the marker line to clear trailing runners, soon settling and racing inside the track markers rounding the final bend for a distance. MISS BEBE then moved back on to the track, finishing in 3rd place.

Stipendiary Steward C Lomey submitted that as a result of the inward shift inside the marker line after breaking, MISS BEBE gained an advantage and should be disqualified.

Mr Butcher did not dispute the evidence, saying that MISS BEBE broke and he took her out of the way and she got back into a trot.

MISS BEBE ran inside the marker line for approximately 200 metres.

Reasons for Decision:

The Adjudicative Committee has to be satisfied of three determinative issues.  Firstly, that MISS BEBE did shift into the marker line.  Secondly, in doing so, it gained an advantage; and thirdly, establish that the breach was not caused by interference by another horse or Driver.

The uncontested evidence was that MISS BEBE did break coming to the final bend. She moved down to the inside of the track inside the marker line and in doing so, gained a significant advantage on the field – she ran some 200 metres inside the marker lines. The breach was not caused by interference by another horse or Driver.

MISS BEBE was accordingly disqualified.

Decision:

The protest is upheld and stakes and dividends are to be paid in accordance with this Decision.