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Auckland TC 18 February 2022 – R2 – NEYMAR

ID: RIB7540

Respondent(s):
Todd McFarlane - Driver

Applicant:
Mr A Dooley - Stipendiary Steward

Adjudicators:
Mr A Smith (Chair) and Mr I McHardy

Persons Present:
Mr A Dooley, Mr S Mulcay - Senior Stipendiary Steward

Information Number:
A2864

Decision Type:
Protest

Rule(s):
870(5) - Riding/driving infringement

Plea:
Not Contested

Protest:
Galloped across the finish line and was lapped on

Stewards Report

Results

Animal Name:
NEYMAR

Code:
Harness

Race Date:
18/02/2022

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R2

Hearing Date:
18/02/2022

Hearing Location:
Alexandra Park Auckland

Outcome: Protest Upheld

Penalty: NEYMAR is relegated from 3rd to 4th placing

Summary of Facts:

Following the running of Race 2, Stipendiary Steward A Dooley instigated a protest into the 3rd placed runner NEYMAR alleging a breach of Rule 870(5), namely that “NEYMAR galloped across the finish line in 3rd place and was lapped on by the 4th placed horse HOLYROOD.”

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 finish line and which 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 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.

Prior to the commencement of the hearing the Respondent Mr McFarlane advised the Adjudicative Committee that the protest was uncontested and he did not wish to be present. On that basis the Adjudicative Committee excused the Respondent from attending the hearing.  The Information was endorsed accordingly.

The provisional placings are:

1st  No 7 SUPA DUPA LUCA

2nd  No 5 AMERICAN LEGACY

3rd  No 6 NEYMAR

4th  No 2 HOLYROOD

The official margins between 3rd and 4th was ¾ of a length.

Submissions For Decision:

Stipendiary Steward A Dooley stated that after racing past the 50m mark NEYMAR broke from its gait, free of interference, and galloped across the finish line in 3rd place. HOLYROOD which finished in 4th place was a ¾ length behind at the line and was lapped on.

Mr Dooley said Stewards were seeking the relegation of NEYMAR from 3rd to 4th placing.

Reasons For Decision:

On reviewing the race films of the concluding stages of the race it is apparent that NEYMAR broke and galloped free of interference and was lapped on by HOLYROOD at the finish line.

Decision:

The protest is upheld and NEYMAR is relegated from 3rd to 4th placing.

The amended placings are:

1st  No 7 SUPA DUPA LUCA

2nd No 5 AMERICAN LEGACY

3rd  No 2 HOLYROOD

4th No 6 NEYMAR

In accordance with this decision, the payment of dividends is authorised.

Decision Date: 18/02/2022

Publish Date: 24/02/2022