Auckland TC 24 November 2022 – R4 – SPECIAL EFFECTS

Summary of Facts:

Following the running of Race 4, the Applicant Stipendiary Steward Mr Mulcay filed an Information pursuant to Rule 870(3) instigating a protest alleging that SPECIAL EFFECTS broke and galloped in excess of 50 metres in the final 200 metres.

The Respondent Drive/Trainer Mr James Stormont was present at the hearing and indicated the protest was not contested.

The Judge’s provisional placings were:

1st –  No. 6     KAWARAU LIL

2nd – No. 11   DOLLY P

3rd – No. 1     SPECIAL EFFECTS

4th – No. 10    SPEED TO BURN

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 Mulcay identified SPECIAL EFFECTS, who was in front as the field passed the final 250 metre marker. He said nearing the 200 metres SPECIAL EFFECTS went off stride free of interference and galloped between 70 and 80 metres.  After regaining its gait it finished in 3rd place.

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

Mr Stormont submitted that he accepted his horse broke, but said this was because he gave his horse a flick with the whip, and that caused it to go into a break.

Reasons For Decision:

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

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

Decision:

SPECIAL EFFECTS was disqualified.

The amended final placings are:

1st –  No. 6    KAWARAU LIL

2nd – No. 11   DOLLY P

3rd – No. 10   SPEED TO BURN

4th – No. 4     EMILY BAY

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