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NZ Metro TC 20 February 2020 - R 9 (instigating a protest) - Chair, Mr D Anderson

Created on 24 February 2020

Rules:
869(A)(2)
Committee:
DAnderson (chair)
HWeston
Respondent(s):
Informant:
Mr N Ydgren - Chief Stipendiary Steward
Information Number:
A12372
Horse Name:
LUELLA
Persons present:
Mr S Renault - Stipendiary Steward
Mr B Hope - Junior Driver (LUELLA)
Mr J Dunn - Senior Horseman assisting Mr Hope
Miss S O'Reilly - Junior Driver (MINI MINE YET)
Mr G O'Reilly - Senior Horseman assisting Miss O'Reilly
Evidence:

Following the running of race 9, an Information instigating a protest was filed by Chief Stipendiary Steward Mr N Ydgren. The details of the alleged interference were that “LUELLA shifted inwards over the final stages of the run home interfering with MINI MINE YET (S O’Reilly).”

The Judge's placings were:

1st   5    LUELLA
2nd  4    MINI MINE YET
3rd 10   THE GOVERNER
4th   2    BEAU VISTA
5th   7    STAR PAIGE
6th 12    SCELTA UNO

Rule 869(A) provides:

(1) For the purpose of this Rule:

(a) “placed horse” means a horse placed by the Judge 1ST, 2nd 3rd, 4th or 5th.

(b) “interference” means any conduct referred to in Rule 869 which interferes or is likely to interfere with the progress of any horse in a race.

(2) “When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place that, or whose driver, caused the interference immediately after the horse interfered with.”

All connections present acknowledged that they understood the rule, the process, and what was expected of them at the hearing.

Submissions For Decision:

Mr Renault showed the race video replay of the last 250 metres of the race. He identified LUELLA and Mr Hope leading the race as the field reached the passing lane. He then pointed to MINI MINE YET, who was trailing LUELLA, angle into the passing lane for the drive to the finish. He showed over the concluding stages Mr Hope move down into the passing lane impeding Miss O’Reilly’s progress until eventually her wheel is locked behind Mr Hope’s wheel inside the last 50 metres.

Miss O’Reilly said as she pulled the blinds at approximately the 100 metres her horse really got going and as she was gaining good ground off the leader, the gap has closed stopping her momentum and her chance of winning the race.

Mr O’Reilly said the shift into the passing by Mr Hope was plain to see and added that inside the last 50 metres Miss O’Reilly’s wheel was behind Mr Hope’s wheel and she had no show of going any further.

Mr Hope stated there was no doubt his horse had run in but he contended Miss O’Reilly was able to keep driving her horse out to the finish.

Mr Dunn also agreed Mr Hope had run into the passing lane but disputed that the wheels were locked at the 50 metres. He said it wasn’t until 10 metres from the finish that the full pressure of Miss O’Reilly’s sulky was bought to bear on Mr Hope’s sulky and he felt it was too close to the finish to make a difference.

Mr Ydgren said that leading up to the point of the wheels locking, which resulted in Miss O’Reilly’s wheel to be lifted off the track, MINI MINE YET had taken a ½ length off LUELLA in very quick time. He said over the last 25 metres she was not able to improve because her wheel was locked in behind Mr Hope’s.

Reasons For Decision:

The Committee carefully considered all the evidence and viewed the available films. We regarded the speed at which MINI MINE YET was finishing her race off, an important factor. The video evidence was compelling in respect that Miss O’Reilly was denied a clear run to the finishing post and we note the Official margin between 1st and 2nd was a head.

The Committee was satisfied that if MINI MINE YET and Miss O’Reilly had received an unimpeded run in the passing lane, they would have beaten LUELLA and Mr Hope.

Decision:

In accordance with the Rule the protest is upheld and the Committee reverse the first 2 placings.

The amended result is:

1st   4   MINI MINE YET
2nd  5   LUELLA
3rd 10  THE GOVERNOR
4th   2  BEAU VISTA
5th   7  STAR PAIGE

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