Waikato-BOP H 10 March 2022 – R4 – FLYING SCOTSMAN

ID: RIB7999

Respondent(s):
Kyle Marshall - Driver

Applicant:
Steve Mulcay - Senior Stipendiary Steward

Adjudicators:
Bryan Scott

Persons Present:
Mr Kyle Marshall - Driver, Steve Mulcay - Senior Stipendiary Steward

Information Number:
A11118

Decision Type:
Protest

Rule(s):
870(3) - Riding/driving infringement - Breaking Horse Regulations

Plea:
Not Contested

Protest:
Protest against the 4th placing of FLYING SCOTSMAN on the grounds of galloping in excess of 50 metres in the final 200 metres

Animal Name:
FLYING SCOTSMAN

Code:
Harness

Race Date:
10/03/2022

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R4

Hearing Date:
10/03/2022

Hearing Location:
Cambridge Raceway

Outcome: Protest Upheld

Penalty: FLYING SCOTSMAN is disqualified from the race

Following the running of the HIDDEN LAKES HOTEL HANDICAP TROT an Information instigating a protest was lodged by Senior Stipendiary Steward Mr Steve Mulcay against the 4th placing of FLYING SCOTSMAN on the grounds that it broke from its gait in the final 200 metres and galloped in excess of 50 metres.

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

The Breaking Horses Regulations provide in Part B:  Any horse which breaks from its gait within the final 200 metres of any race and continues in a 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 gait.

The Regulations also give the Adjudicative Committee the power to disqualify the horse from the race.

Me Marshall was present at the hearing and he confirmed that as the representative of the connections he was not contesting the protest.

Mr Mulcay demonstrated the incident by use of the race films and he identified FLYING SCOTSMAN and its Driver Mr Marshall. They were four or five wide turning in and shortly thereafter FLYING SCOTSMAN broke and galloped for approximately 60 metres.

Mr Marshall had nothing to add.

SUBMISSIONS for DECISION:

Mr Mulcay said that as FLYING SCOTSMAN had galloped in excess of 50 metres it was in breach of Rule 870(3) and should be disqualified from the race.

REASONS FOR DECISION:

The race films clearly show the incident and show FLYING SCOTSMAN galloping in excess of 50 metres in the final 200 metres of the race. It is clearly in breach of Rule 870(3).

DECISION:

The Protest is upheld and FLYING SCOTSMAN is disqualified from fourth placing and the race.

The amended placings are now:

first         (5) REIGN
second   (1) SAFRAKOVA
third        (3) SIR HENRY CASTLETON
fourth      (9) AEONIAN
fifth         (8) TRAMPS LIKE US

It is ordered that dividends and stakes be paid in accordance with the amended placings.

Decision Date: 10/03/2022

Publish Date: 14/03/2022