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Ashburton TC 4 September 2022 – R6 – THERESA LOVE

ID: RIB10852

Respondent(s):
Regan Todd - Trainer

Applicant:
Mr Paul Williams - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
RIB Stewards Paul Williams, Shane Renault, Nigel McIntrye and Mr Todd

Information Number:
A17087

Decision Type:
Protest

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

Plea:
Not Contested

Protest:
THERESA LOVE broke over the concluding stages and over the finishing line being lapped on by the 2nd, 3rd and 4th placed horses.

Stewards Report

Results

Animal Name:
THERESA LOVE

Code:
Harness

Race Date:
04/09/2022

Race Club:
Ashburton Trotting Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R6

Hearing Date:
04/09/2022

Hearing Location:
Ashburton Racecourse, Racecourse Rd, Ashburton 7700.

Outcome: Protest Upheld

Penalty: THERESA LOVE is relegated from first placing to fourth place.

Summary of Facts:

Following the running of Race 6 Stipendiary Steward Mr Paul Williams instigated a protest into the 1st placed runner THERESA LOVE alleging a breach of Rule 870(5), namely that “THERESA LOVE galloped across the finish line in 1st place and was lapped on by the 2nd placed ELITE STYX, 3rd placed CRIMSON ROCK and 4th placed PHILADELPHIA FILLY.”

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.

The Respondent Mr Todd was present at the hearing and indicated the protest was not contested.

The provisional placings are:

1st   No 7

2nd  No 4

3rd   No 10

4th   No 3

The official margins were: half neck / neck / head /head.

Submissions For Decision:

Stipendiary Steward Mr Williams stated that near the 20 metres, THERESA LOVE has galloped free of interference and across the finishing line and was lapped on by ELITE STYX, CRIMSON ROCK, and PHILADELPHIA FILLY.

Mr Williams said Stewards were seeking the relegation of THERESA LOVE from 1st to 4th placing.

In response, the Respondent submitted he was familiar with the Rule and did not contest the relegation.

Reasons For Decision:

On reviewing the race films of the concluding stages of the race, it is apparent that THERESA LOVE broke and galloped free of interference prior to and across the finishing line and was lapped on by ELITE STYX, CRIMSON ROCK, and PHILADELPHIA FILLY at the finish post.

Decision:

The protest is upheld and THERESA LOVE is relegated from 1st to 4th placing.

The amended placings are:

1st   No 4

2nd  No 10

3rd   No 3

4th   No 7

5th   No 2

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

Decision Date: 04/09/2022

Publish Date: 05/09/2022