Banks Peninsula TC 25 September 2022 – R10 – RUSH

ID: RIB11223

Respondent(s):
Craig Thornley - Driver

Applicant:
Paul Williams

Adjudicators:
Russell McKenzie

Information Number:
A17094

Decision Type:
Protest

Rule(s):
870(5) - Riding/driving infringement

Plea:
Not Contested

Protest:
Upheld

Animal Name:
Rush

Code:
Harness

Race Date:
25/09/2022

Race Club:
Banks Peninsula Trotting Club

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

Race Number:
R10

Hearing Date:
25/09/2022

Hearing Location:
Motukarara Raceway, Motukarara

Outcome: Protest Upheld

Penalty: RUSH relegated to 5th placing

BACKGROUND:

Following the running of Race 10, Thanks to Murray, Kelly & The Edmonds Family Trot, Stipendiary Steward, Paul Williams, instigated a protest into the 4th paced runner, RUSH (Craig Thornley), alleging a breach of Rule 870(5) in that RUSH galloped across the line in 4th place and was lapped on by the 5th placed horse, SPEEDING SPIRIT (Matthew Williamson).

Rule 870 provides:

(5)  Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing 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 first-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 was present at the hearing and indicated the protest was not contested.

The provisional placings were:

1st    6  El Conqueror

2nd 11  Musclynn

3rd   3  Brother Love

4th  10  Rush

5th  12  Speeding Spirit

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final stages of the race. He pointed out RUSH, driven by Craig Thornley, go into a gallop, free of interference, approximately 20 metres from the finishing line and continue on in the gallop to the finishing line, finishing in 4th placing. Mr Williams showed that it was lapped on by the 5th-placed runner, SPEEDING SPIRIT (Matthew Williamson). The official margin between 4th and 5th was 3/4 length.

Mr Williams sought relegation of RUSH to  5th placing.

Mr Thornley did not contest the relegation. He admitted that RUSH had broken free of interference and had been in a gallop when its nose reached the finishing line. He further accepted that RUSH had been lapped on by the 5th-placed runner, SPEEDING SPIRIT.

REASONS FOR DECISION:

After hearing submissions and reviewing the video replays, the Adjudicative Committee was satisfied that RUSH had broken from its gait, free of interference, short of the finish and had continued on in a gallop when its nose reached the finishing line, being lapped on by the 5th-placed runner, SPEEDING SPIRIT. It was noted that Mr Thornley did not contest the protest.

DECISION:

The protest is upheld and RUSH is relegated to 5th placing.

The amended final placings are:

1st    6  El Conqueror

2nd 11  Musclynn

3rd   3  Brother Love

4th  12  Speeding Spirit

5th  10  Rush

Decision Date: 25/09/2022

Publish Date: 27/09/2022