Waikato-BOP H 3 June 2022 – R1 – NEYMAR

Following the running of the P & M PAINTERS – LEB BUILDERS MOBILE PACE an Information Instigating a Protest was lodged by Senior Stipendiary Steward Mr Steve Mulcay against the 4th placing of NEYMAR (Driver Mr J Darby) on the grounds that it broke at the 40 metres mark and was lapped on by the 5th placed horse VOODOO PRINCE.

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 finishing line and 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

Mr Darby the Driver of NEYMAR was present at the commencement of the hearing and he advised the Adjudicative Committee that he did not contest the Protest.

Mr Mulcay demonstrated the incident by use of the race films and showed where NEYMAR broke from its gait approximately 40 metres from the finish and continued in a break to the finishing line. He also showed where VOODOO PRINCE finished on along the inside and at the finish NEYMAR was lapped on by it.

DECISION:

The Protest is not contested and is therefore upheld.

NEYMAR is relegated from 4th to 5th place and VOODOO PRINCE is promoted from 5th to 4th place.

The amended placings are therefore:

first (4)       UNICO GEM
second (3) COMIC BOOK HERO
third (5)      PLAY BALL
fourth (7)    VOODOO PRINCE
fifth (2)       NEYMAR

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