NZ Metro TC 7 August 2022 – R8 – HE’S SANTAS EXCUSE

BACKGROUND:

Following the running of Race 8, Sky Major Standing at Wai Eyre Farm (Junior Drivers) Mobile Pace, the Applicant, Stipendiary Steward, Paul Williams, filed an Information pursuant to Rule 870(3) instigating a protest alleging that HE’S SANTAS EXCUSE (Gemma Thornley) galloped in excess of 50 metres in the last 200 metres.

The Respondent, Trainer Jonny Cox, Trainer of HE’S SANTAS EXCUSE, was present at the hearing and indicated the protest was not contested.

The Judge’s provisional placings were:

1st     9   Cab Calloway

2nd 12   Betterthandiva

3rd    1   He’s Santas Excuse

4th    5   Bettorlini

5th    6   Will He Rock

Rule 870(3) provides that “Any horse which breaks from its gait shall promptly regain its proper gait”.

The Breaking Horses Regulation provides:

(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.

Where a protest has been duly lodged against the placing of any horse, the Adjudicative Committee shall either:

(i)   relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or

(ii)  disqualify it from the race under Rule 1003(2).

EVIDENCE:

Using the video replay, Stipendiary Steward, Paul Williams, had Chief Stipendiary Steward, Nigel McIntyre, identify the horse, HE’S SANTAS EXCUSE, racing in 3rd position passing the 200 metres. Mr McIntyre then showed that, shortly thereafter, it went into a gallop and continued on in a gallop for approximately 60 metres losing ground, Mr McIntyre alleged, before regaining its gait and running on to finish 3rd. Mr McIntyre submitted that HE’S SANTAS EXCUSE had galloped for an estimated 60 metres, based on the distance markers on the inside and outside of the track.

Mr Williams sought disqualification of HE’S SANTAS EXCUSE.

Mr Cox said that he agreed that the horse had galloped for more that 50 metres and he did not contest the protest.

REASONS FOR DECISION:

After hearing submissions and reviewing the video replay, the Adjudicative Committee was clearly satisfied that HE’S SANTAS EXCUSE had broken, free of interference, and galloped for more than 50 metres inside the final 200 metres of the race. Accordingly, HE’S SANTAS EXCUSE is in breach of Rule 870(3) and the Breaking Horses Regulation.

DECISION:

The protest was upheld and HE’S SANTAS EXCUSE was disqualified.

The amended final placings for the race are:

1st     9   Cab Calloway

2nd 12   Betterthandiva

3rd    5   Bettorlini

4th    6   Will He Rock

5th   13   Rakanotta

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