Waikato BOP H 7 March 2024 – R1 – KAIPAKI JACK

Summary of Facts:

Following the running of Race 1, the Applicant, Stipendiary Steward S Mulcay filed an Information pursuant to Rule 870(3) instigating a protest, alleging that KAIPAKI JACK broke and galloped in excess of 50 metres in the final 200 metres.

The Respondent, Jason Teaz was present at the hearing and indicated the protest was contested.

The Judge’s provisional placings were:

1st  – No 3    LOVEMEAGAIN

2nd – No 11  KEEP IT KLASSY

3rd –  No 10  PATRICK MAHOMES

4th –  No 2    KAIPAKI JACK

5th –  No 12   PRESIDENT FLYNNTIN

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

The Horse Breaking Regulations provide that:

(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.

Submissions for Decision:

Using available race films, Stipendiary Steward Steve Mulcay identified KAIPAKI JACK, as the field passed the final 100 metre marker. He said prior to the 50 metres, KAIPAKI JACK went off stride and galloped for the remainder of the race in spite of Mr Ferguson’s efforts to get the horse back into a trot, eventually crossing the finish line in 4th place.  Mr Mulcay submitted that KAIPAKI JACK was therefore in breach of the Rule 870(3) and the Breaking Horse Regulations and should be disqualified from the race. He further added, that for the protest to be upheld, the Adjudicative Committee only needed to establish that KAIPAKI JACK had galloped for 50m or greater inside the final 200m.

In response, Mr Teaz said that in his opinion, when the horse got to the winning post, it was back trotting, and he queried whether this determined that he was not in breach of the Rule. The Adjudicative Committee outlined to Mr Teaz, that for the protest to be upheld, it needed to be established that KAIPAKI JACK had galloped 50m or greater within the final 200m.

Mr Teaz queried as to whether the marker peg to the inside of the track was in the correct place. Mr Mulcay advised that he had made enquiries with the Cambridge Track Manager (M Douglas) as to the red distance markers on the inside of the track and Mr Douglas confirmed that these were in the correct position and had all been recently measured.

Mr Teaz said he understood the Rule, but in his opinion, there was some guesswork in determining how far KAIPAKI JACK had galloped for, he indicated that everyone had been guessing as to whether the horse had galloped for 55m or 58m, and that this had “changed” on several occasions.

He concluded by saying the horse that was 5th, was a considerable distance behind KAIPAKI JACK and Mr Ferguson had done everything he could to get the horse back into its gait, and if his gallop had occurred in the first 200m of the race, there would not have been a protest.

Reasons For Decision:

After hearing submissions and reviewing the race films, it was clearly evident to the Adjudicative Committee that KAIPAKI JACK broke free of interference and commenced to gallop prior to the 50m. KAIPAKI JACK did not regain its gait until after the finish line and accordingly, KAIPAKI JACK is in breach of r 870(3) and the relevant Breaking Horse Regulations.

Decision:

KAIPAKI JACK was disqualified.

The amended final placings are:

1st  –  No 3    LOVEMEAGAIN

2nd –  No 11  KEEP IT KLASSY

3rd –   No 10  PATRICK MAHOMES

4th  –  No 12  PRESIDENT FLYNNTIN

5th  –  No  6 JEWEL ELLERY

Authority was given for stake money and dividends to be paid in accordance with the amended placings.