Ashburton TC 10 November 2022 – R11 – EXCUSE MY FRENCH

Summary of Facts:

Following the running of Race 11, the Applicant Stipendiary Steward Shane Renault filed an Information pursuant to Rule 870(3) instigating a protest alleging that EXCUSE MY FRENCH broke and galloped in excess of 50 metres in the final 200 metres.

The Respondent Mr Tom Bagrie was present at the hearing and indicated the protest was contested.

The Judge’s provisional placings were:

1st – No 17

2nd – No 6

3rd – No 14

Rule 870(3) provides that ‘Any horse which breaks from its gait shall promptly regain its proper gait’.

The Horse Breaking Regulations provide that:

(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.

Submissions for Decision:

Using available race films, Stipendiary Steward Mr Renault identified EXCUSE MY FRENCH as the field passed the final 200-metre marker. He said nearing the 100 metres, the horse went off stride free of interference and galloped for 50 metres before regaining its gait and finishing in 3rd place.

Mr Renault submitted that EXCUSE MY FRENCH had galloped for 50m and was therefore in breach of Rule 870(3) and Breaking Horse Regulations, and should be disqualified from the race.

In response, the Respondent submitted he believed it was an extremely close call. Mr Bagrie pointed to the track markers of 100m and 50m and said given the angle of the film, it was difficult to make such a call.

Reasons For Decision:

After hearing submissions and reviewing the race films, it was clearly evident to the Adjudicative Committee that EXCUSE MY FRENCH broke free of interference and galloped for approximately 50 metres over the concluding stages of the race. The horse has broken stride just past the 100m and appears to have regained its gait just past the 50m, but the Adjudicative Committee cannot be completely satisfied that EXCUSE MY FRENCH has galloped for 50m.

Decision:

Accordingly, the Protest is dismissed.

Authority was given for stake money and dividends to be paid in accordance with the Judge’s placings.