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Amberley TC 6 February 2019 - R 7 (instigating a protest) - Chair, Mr S Ching

Created on 11 February 2019

Rules:
869(7B)
Committee:
SChing (chair)
RMcKenzie
Respondent(s):
Mr A Faulks - Public Trainer
Informant:
Mrs C Tibbs - Stipendiary Steward
Information Number:
A11204
Horse Name:
AVEROSS DON
Persons present:
Evidence:

Following the running of Race 7, the Clarkville Stockfeeds Ltd-Zilcom NZ Ltd Trot, a protest was filed by Stipendiary Steward, Mrs C Tibbs, alleging that AVEROSS DON, placed 5th by the judge, gained an advantage by improving its position inside the marker line leaving the final bend.

The Judges placings in this race were as follows.
1st - SUNNY GLENIS (11)
2nd - PHOEBE ONYX (12)
3rd - THE BLOSS (17)
4th - ZSA ZARA (13)
5th - AVEROSS DON (3)
6th - SPEEDY COMMAND (4)

Rule 869 (7B) provides as follows.
(7B) Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.  It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.

Mr Faulks had endorsed the Information that the protest was not contested. He had also endorsed the Information that he did not wish to be present at the hearing, which was confirmed by Mrs Tibbs.

Submissions For Decision:

Mrs Tibbs gave evidence and showed the relevant films of the incident which occurred as the field turned for home. She pointed out AVEROSS DON, driven by Miss Young, 3 back on the pylons as the field was approaching the final bend, shift in and race inside the final 4 pylons prior to the passing lane. Mrs Tibbs showed the back straight video coverage and stated that AVEROSS DON was racing in the trail of ZSA ZARA, driven by Miss K Tomlinson, prior to the passing lane and by shifting down over the pylons prior to the lane, gained a ½ length advantage on ZSA ZARA. This she said was in breach of the rule and clearly AVEROSS DON had gained an advantage in this manoeuvre. She stated that the Stewards were seeking disqualification of AVEROSS DON.

Reasons For Decision:

We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that AVEROSS DON had shifted down and raced over at least 4 pylons on the home turn prior to the passing lane.

The question for the Committee was did AVEROSS DON gain an advantage when shifting down and racing with a sulky wheel inside the pylons. The back straight films were conclusive that a ½ length advantage was gained by AVEROSS DON on ZSA ZARA in this manoeuvre prior to the passing lane entrance. We were therefore satisfied that AVEROSS DON had gained an advantage when inside the marker line and therefore upheld the protest.

Taking all the above matters into account we determined that this protest should be upheld and AVEROSS DON be disqualified from 5th placing.

Decision:

The protest was upheld with revised placings as follows;
1st - SUNNY GLENIS (11)
2nd - PHOEBE ONYX (12)
3rd - THE BLOSS (17)
4th - ZSA ZARA(13)
5th - SPEEDY COMMAND (4)

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

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