NZ Metro TC 15 May 2024 – R5 – CAPPAHA

BACKGROUND:

Following the running of Race 5, Lamb & Hayward Trot, an Information instigating a protest was lodged by Stipendiary Steward, Shane Renault, alleging that CAPPAHA (Robbie Holmes), placed 3rd  by the Judge, galloped in excess of 150 metres when breaking near the 900 metres and failed to lose ground in the break.

The Information was lodged with the Adjudicative Committee at 6.59pm.

The connections of CAPPAHA were represented at the hearing by Trainer/Driver, Robbie Holmes.  Mr Holmes elected to have the matter determined by the Adjudicative Committee rather than a Stipendiary Steward, pursuant to Rule 870A.

Rule 870 provides:

(3)     Any horse which breaks from its gait shall promptly regain its proper gait.

(4)     Any horse which breaks from its gait in any race and:

          (a)  which fails to promptly regain its proper gait; and/or

         (d)  which fails to lose ground by the break

          . . . may subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Stipendiary Steward immediately after any other horse in respect of which any advantage may have been gained.

The Breaking Horses Regulations provide:

For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:

• Any horse which breaks from its gait either at the start or during the running of any race and continues on in the break for a distance of 150 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.

Where a protest has been duly lodged against the placing of an offending horse, a Stipendiary Steward under rule 870 (or the Adjudicative Committee under rule 870A if applicable) shall either:

• relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or
• disqualify it from the race under Rule 1003(2).

Provided that where such first mentioned horse is not in the correct gait as the result of interference to such horse or its driver, then . . . such relegation or disqualification shall be at the discretion of a Stipendiary Steward under rule 870 (or the Adjudicative Committee under Rule 870A if applicable).

The Judge’s placings were as follows:

1st    2   George Eliot

2nd   5   Natives Inferno

3rd   11   Cappaha

4th   12   Dem Bones Dem Bones

5th    8   Beyond the Horizon

EVIDENCE:

Stipendiary Steward, Shane Renault, pointed out CAPPAHA, driven by the Respondent, racing four places back on the markers as the field approached the 900 metres. At that point, the horse in front of it, BEYOND THE HORIZON (Justin Smith) struck track markers, one of which struck the hind leg of CAPPAHA, causing it to gallop.

The horse continued on in a break for a distance of 230-250 metres, Mr Renault said. Stewards accepted that it had broken as a result of interference. However, in carrying on in a gallop, it had failed to lose ground and when it regained its proper gait, it was still in the same position, four places back on the markers, behind BEYOND THE HORIZON.

The horse had galloped in excess of 150 metres, but Stewards could not accept that it had not failed to lose ground in the break.

Mr Holmes showed the position of his horse’s head when it broke – right on the back of BEYOND THE HORIZON. In his mind, he said, he had lost ground because, when his horse regained its gait, it was not hard on the back of that runner. He asked Mr Renault what distance a horse has to lose to be deemed to have failed to lose ground. Mr Renault said that there is no specified distance, but Mr Holmes’ runner was in the same position when it settled. Mr Holmes said that his horse had lost “a metre” which, he submitted, is “losing ground”.

REASONS FOR DECISION:

The Stewards are seeking disqualification of CAPPAHA, pursuant to Rules 870(3) & (4) and 1003(2)(a) on the ground that it has failed to lose ground in the break. In support of this, Mr Renault showed a video replay of the race from the 900 metres, when CAPPAHA went into a break, and showed that the horse continued on in a gallop for a distance, he alleged, of 250-300 metres before regaining its proper gait, still four places back on the markers behind BEYOND THE HORIZON.

Mr Holmes’ argument was unconvincing to say the least. In essence, his argument was that, because CAPPAHA had lost one metre, it had lost ground. That submission cannot possibly be upheld.

This was a very clear case of a horse failing to promptly regain its proper gait and failing to lose ground in the break.

The Adjudicative Committee is very satisfied that CAPPAHA has broken from its gait, it has failed to promptly regain its proper gait and has continued on in a gallop for at least 200 metres, in breach of Rule 870(3) & (4) and the Breaking Horses Regulation.

DECISION:

The protest was upheld and CAPPAHA, placed 3rd by the Judge, was disqualified.

Consequent upon the disqualification, the amended placing for the race are as follows:

1st    2     George Eliot

2nd   5    Natives Inferno

3rd   12   Dem Bones Dem Bones

4th    8    Beyond the Horizon

It was ordered that dividends and stakes be paid in accordance with the amended result.