Auckland TC 25 February 2022 – R9 – ESCAPE THE PACE and JAY ROWE

Summary of Facts:

Following the running of Race 9, the Applicant Senior Stipendiary Steward Mr Mulcay filed two Information’s pursuant to Rule 870(3) instigating protests in relation to the 4th and 5th placed horses.  He alleged that they both broke for more than 50 metres inside the final 200 metres of the race.

Information A16361 alleged  that ESCAPE THE PACE (T Herlihy) broke in excess of 50 metres inside the final 200 metres; and

Information A16360 alleged that JAY ROWE (Z Butcher) broke in excess of 50 metres inside the final 200 metres.

Prior to the commencement of the hearings the Respondents Mr Herlihy (ESCAPE THE PACE) and Mr Z Butcher (JAY ROWE) indicated that they did not contest the protest(s) and were excused from attending the respective hearings.  The Information’s were endorsed accordingly.

The Judge’s provisional placings were:

1st – No 6 WY FI

2nd – No 5 DIAMANT BLEU

3rd – No 2 TRIFOLIUM

4th – No 4 ESCAPE THE PACE

5th – No 7 JAY ROWE

6th  – No 3 SLIPPERY MISTRESS

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

The Breaking Horses 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:

For expediency the hearings for each of the two protests were held at the same time, but each decision as to the outcome was considered and dealt with separately.

Information A16361

Using available race films Senior Stipendiary Steward Mr Mulcay identified ESCAPE THE PACE as the field passed the final 200 metre marker. He said ESCAPE THE PACE who was racing outside the leader, broke whilst racing under pressure nearing the 70 metres and  galloped for the remainder of the race, crossing the finish line in 4th place.

Mr Mulcay submitted that ESCAPE THE PACE was therefore in breach of the Rule 870(3) and Breaking Horses Regulations and should be disqualified from the race and the 5th placed horse JAY ROWE promoted to 4th (note- see below JAY ROWE was also found to be in breach of r870(3)).

Information A16360

Using available race films Mr Mulcay identified JAY ROWE as the field passed the final 200 metre marker. He said JAY ROWE who was racing wide out on the track, broke and galloped free of interference near the 140 metre mark and continued in a gallop until it settled near the 50 metre mark and finished in 5th place.  Mr Mulcay said that JAY ROWE clearly galloped for more than 50 metres and was therefore in breach of Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.

Reasons For Decision:

After hearing submissions and reviewing the race films it was clearly evident to the Adjudicative Committee that ESCAPE THE PACE broke free of interference and galloped for more than 50 metres over the concluding stages of the race and is therefore disqualified from its 4th placing.

Similarly, JAY ROWE broke and galloped for more than 50 metres and after having been promoted from 5th to 4th (following the disqualification of ESCAPE THE PACE) it too is now disqualified from 4th place.

Accordingly, both horses, ESCAPE THE PACE and JAY ROWE are in breach of r 870(3) and the relevant Breaking Horses Regulations.

Decision:

ESCAPE THE PACE and JAY ROWE were both disqualified.

The amended final placings are:

1st – No 6 WY FI

2nd – No 5 DIAMANT BLEU

3rd – No 2 TRIFOLIUM

4th – No 3 SLIPPERY MISTRESS

5th – No 1 DEBBIE LEE GALLEON

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