Auckland TC 10 December 2021 – R4 – COMMANCHERO

ID: RIB6273

Respondent(s):
Dave McGowan - Trainer

Applicant:
Ms P Kinsey - Stipendiary Steward

Adjudicators:
Adam Smith (Chair); G Jones

Persons Present:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A18412

Decision Type:
Protest

Rule(s):
870(3)

Plea:
Not Contested

Protest:
Breaking in excess of 50m in the last 200m

Animal Name:
COMMANCHERO

Code:
Harness

Race Date:
10/12/2021

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R4

Hearing Date:
10/12/2021

Hearing Location:
Alexandra Park

Outcome: Protest Upheld

Penalty: COMMANCHERO disqualified

Summary of Facts:

Following the running of Race 4, Stipendiary Steward Ms Phillipa Kinsey filed an Information pursuant to Rule 870(3) instigating a protest alleging that COMMANCHERO broke and galloped in excess of 50 metres in the final 200 metres.

Prior to the commencement of the hearing  the Respondent Dave McGowan advised the Committee that the protest was uncontested and he did not wish to be present. On that basis, the Adjudicative Committee excused the Respondent from attending the hearing.

The Information was endorsed accordingly.

The Judge’s provisional placings were:

1st – No 4  FAITH IN MANCHESTER

2nd – No 2 CYCLONE LEBRON

3rd – No 10 JAY ROWE

4th – No 6 COMMANCHERO

5th – No 8 SANINAMBRO

6th – No 3 DEBBIE LEE GALLEON

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 Williamson identified COMMANCHERO as the field passed the final 200-metre marker. He said nearing the 80 metres COMMANCHERO went off stride, free of interference and galloped for the remainder of the race, crossing the finish line in 4th place.

Mr Williamson submitted that COMMANCHERO was therefore in breach of Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.

Reasons For Decision:

After hearing submissions and reviewing the race films it was clearly evident to the Adjudicative Committee that COMMANCHERO broke free of interference and galloped for more than 50 metres over the concluding stages of the race.

Accordingly, COMMANCHERO is in breach of r 870(3) and the relevant Breaking Horse Regulations.

Decision:

COMMANCHERO was disqualified.

The amended final placings are:

1st – No 4  FAITH IN MANCHESTER

2nd – No 2 CYCLONE LEBRON

3rd – No 10 JAY ROWE

4th – N0 8 SANINAMBRO

5th – No 3 DEBBIE LEE GALLEON

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

Decision Date: 10/12/2021

Publish Date: 13/12/2021