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NZ Metro TC 7 August 2020 - R 2 (Instigating a Protest) - Chair, Mr S Ching

Created on 10 August 2020

Committee:
SChing (chair)
Respondent(s):
R Close-Open Horseman
Informant:
N Ydgren- Chief Stipendiary Steward
Information Number:
A13275
Horse Name:
CODY BANNER
Persons present:
Evidence:

Following the running of Race 2, the Hydroflow Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N Ydgren, against CODY BANNER, driven by Mr R Close, placed 4th by the Judge, in that CODY BANNER broke in the final stages and was lapped on by 5th placed ZSAHARA as the horses passed the post, which is in breach of Rule 870 (5).

The Judge's placings in this race were as follows:

1st   GOTTA TICKET (1)
2nd  VENUS TYRON (13)
3rd   GOLD CHAIN (14)
4th   CODY BANNER (5)
5th   ZSAHARA (4)
6th   YEA YOU (11)

Mr Close represented the connections of CODY BANNER. He stated that he did not contest the protest.

Rule 870 (5) provides as follows:

”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 which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial 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 horseman, then (subject to Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”

Submissions For Decision:

Mr Ydgren showed a video replay of the final stages of the race. He pointed out CODY BANNER, driven by Mr Close, when in 4th place, break from its correct gait just prior to the line near the 20m and continue on in a break until the finish line, eventually finishing in 4th place. Mr Ydgren stated that the margin between 4th and 5th was a long neck. He submitted that the films clearly showed that CODY BANNER was lapped on by the 5th placed ZSAHARA when crossing the finish line.

Mr Ydgren submitted that the Stewards were seeking relegation of CODY BANNER to behind the 5th placed, ZSAHARA.

Reasons For Decision:

The Committee was satisfied that CODY BANNER was in breach of Rule 870 (5). It was clear that CODY BANNER had broken from its gait at the 20m and thereafter, continued on in a break, as it crossed the finish line. CODY BANNER was clearly lapped on by the 5th placed ZSAHARA. It was appropriate the protest be upheld, and CODY BANNER be relegated to 5th place.

Decision:

The protest was upheld with CODY BANNER relegated to 5th place behind ZSAHARA.

Consequent upon the relegation, the amended result for the race is as follows:

1st   GOTTA TICKET (1)
2nd  VENUS TYRON (13)
3rd   GOLD CHAIN (14)
4th   ZSAHARA (4)
5th   CODY BANNER (5)
6th   YEA YOU (11)

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

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