Ashburton TC 26 February 2022 – R1 – MR LOVE

ID: RIB7569

Respondent(s):
Ben Hope - Junior Driver

Applicant:
Nigel McIntyre, Manager of Stewards

Adjudicators:
Russell McKenzie

Information Number:
A16618

Decision Type:
Protest

Rule(s):
870(3) and Breaking Horses Regulation

Plea:
Not Contested

Protest:
MR LOVE galloped for distance in excess of 50 metres in final 200 metres

Animal Name:
MR LOVE

Code:
Harness

Race Date:
26/02/2022

Race Club:
Ashburton Trotting Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R1

Hearing Date:
26/02/2022

Hearing Location:
Ashburton Raceway, Ashburton

Outcome: Protest Upheld

Penalty: MR LOVE disqualified

SUMMARY OF FACTS:

Following the running of Race 1, Great Southern Group Mobile Trot, the Applicant, Manager of Stewards Nigel McIntyre, filed an Information pursuant to Rule 870(3) instigating a protest alleging that MR LOVE (Ben Hope) broke and galloped in excess of 50 metres over the concluding stages.

Prior to the commencement of the hearing, Mr McIntyre advised the Adjudicative Committee that he had spoken to the Respondent, Mr Hope, in the birdcage following the race. Mr Hope advised that he did not contest the protest and sought to be excused from attending the hearing due to the stable having a runner in Race 2. On that basis, the Adjudicative Committee excused the Respondent from attending the hearing.

The Judge’s provisional placings were:

1st     3  Rakero Blaze

2nd   2  Mr Love

3rd    1  Cosmic Angel

4th    6  Dragons Sunrise

5th    5   Switch On

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

The Breaking Horses Regulation provides that:

(a )   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 the available video replay, Manager of Stewards, Nigel McIntyre, identified MR LOVE racing in 2nd position as the field approached the final 100 metres. At approximately the 100 metres, Mr McIntyre said, MR LOVE went off stride, free of interference, and galloped before settling back into a trot in the final stride before the finishing line, finishing in 2nd placing. The horse had galloped for an estimated 80-90 metres, he submitted.

Mr McIntyre submitted that MR LOVE was therefore in breach of Rule 870(3) and the Breaking Horses Regulations and should be disqualified from the race.

REASONS FOR DECISION:

After hearing Mr McIntyre’s submissions and viewing the video replay, it was clearly evident to the Adjudicative Committee that MR LOVE broke free of interference and galloped for more that 50 metres in the final 200 metres of the race.

Accordingly, MR LOVE is in breach of Rule 870(3) and the relevant provision in the Breaking Horses Regulation.

DECISION:

MR LOVE was disqualified.

The amended final placings are:

1st    3 Rakero Blaze

2nd  1 Cosmic Angel

3rd   6 Dragons Sunrise

4th   5  Switch On

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

Decision Date: 26/02/2022

Publish Date: 28/02/2022