Banks Peninsula TC – 23 January 2022 – R7 – LE POLE DANCER

ID: RIB7082

Respondent(s):
Blair Orange - Driver

Applicant:
Mr N McIntyre Manager of Stewards

Adjudicators:
Dave Anderson

Persons Present:
Mr McIntyre and Mr Orange

Information Number:
A13338

Decision Type:
Protest

Rule(s):
870(5) - Breaking Horse Regulations

Plea:
Not Contested

Protest:
LE POLE DANCER broke inside the final 50m and was lapped on by ANGEL OF MONTANA

Animal Name:
LE POLE DANCER

Code:
Harness

Race Date:
23/01/2022

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R7

Hearing Date:
23/01/2022

Hearing Location:
Motukarara Racecourse

Outcome: Protest Upheld

Penalty: LE POLE DANCER and ANGEL OF MONTANA placings reversed

Summary of Facts:
Following the running of Race 7, Manager of Stewards, Mr Nigel McIntyre instigated a protest into the 2nd placed runner LE POLE DANCER alleging a breach of Rule 870(5), namely that “LE POLE DANCER galloped across the finish line in 2nd place and was lapped on by the 3rd placed horse ANGEL OF MONTANA.”
Rule 870 (5) provides:
Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finish line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Adjudicative Committee behind such horse or horses provided that where such mentioned horse is not in its correct gait as a result of interference to such horse or its driver, then (subject to Rule 869A) such relegation of the horse shall be at the discretion of the Adjudicative Committee.

The Respondent, Mr Blair Orange was present at the hearing and indicated the protest was not contested.

The provisional placings are:
1st – No 1
2nd – No 10
3rd – No 6
4th – No 7
The official margins were: 2 1/4 lengths, 1/2 lengths, 3/4 length.

Submissions For Decision:
Manager of Stewards, Mr Nigel McIntyre stated that near the 40 metres LE POLE DANCER  broke from its gait, free of interference, and galloped across the finish line in 2nd place. ANGEL OF MONTANA which finished in 3rd place was a 1/2 length behind at the line and lapped on.
Mr McIntyre said Stewards were seeking the relegation of LE POLE DANCER from 2nd to 3rd placing.

Reasons For Decision:
On reviewing the race films of the concluding stages of the race it is apparent that LE POLE DANCER  broke and galloped free of interference and was lapped on by ANGEL OF MONTANA at the finish line.

Decision:
The protest is upheld and LE POLE DANCER is relegated from 2nd to 3rd placing.
The amended placings are:
1st – No 1
2nd – No 6
3rd – No 10
4th – No 7
5th – No 13
In accordance with this decision, the payment of dividends is authorised.

 

Decision Date: 23/01/2022

Publish Date: 24/01/2022