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Stratford TC 2 March 2019 - R 3 - (instigating a protest) Chair, Mr P Williams

Created on 05 March 2019

Rules:
869(A)(2)
Committee:
PWilliams (chair)
TBird
Respondent(s):
Mr D Balle - Licensed Trainer
Informant:
Mr S Mulcay - Senior Stipendiary Steward
Information Number:
A10591
Horse Name:
NOTORIOUS
Persons present:
Mr J Muirhead - Senior Stipendiary Steward
Evidence:

Following the running of Race 7, the “Aitken Transport/M Dodunski Concrete Mobile Pace” Information A10591 instigating a protest was filed by Stipendiary Steward, Mr S Mulcay against “Notorious”, driven by Mr K Marshall, placed 2nd by the judge, alleging interference in the home straight to the 4th placed “Shot in the Dark” driven by Mr B Orange, “in that “Notorious” shifted out near the 200m checking “Lady Ameera” which broke with resultant interference to “Shot in the Dark”.

Mr Marshall signed the Information stating he did not wish to attend the hearing and did not contest the Protest.

The Judges placings in the race were:-

1st Mac’s Tomado (2)
2nd Notorious (3)
3rd Ideal Lincoln (4)
4th Shot in the Dark (7)
5th Moniaive (6)

The official margins from 1st to 4th were 3/4l x3/4l x a neck.

Rule 869A (2) provides as follows.

(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 that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

Submissions For Decision:

Using the head-on and side-on films of the home straight Mr Mulcay identified Mr Marshall driving “Notorious” leading the race closest to the marker line. He said with approximately 250m to run Mr Marshall activated the blinds on “Notorious” and the horse immediately veered outwards into the line of “Lady Ameera” driven by J Abernethy which was checked and broke. In a concertina effect Mr Abernethy was forced out into the line of “Beaudiene Emerald” driven by Mr D Butcher which was in turn forced out onto “My Boy Boo” driven by Mr Poutama which then broke and shifted out into the line of “Shot in the Dark” whose driver, Mr Orange had to take corrective action to ensure he got round “My Boy Boo”. Mr Mulcay estimated that Mr Orange lost at least 2 lengths in the incident which was significantly more than the 3/4l and neck that he was behind “Notorious” at the finish of the race and it was for that reason that the protest had been lodged.

Reasons For Decision:

The Committee has reviewed the head and side on views of the Race from the top of the straight. The head on film clearly shows as the horses were approximately 250m from the finish “Notorious” shifted out quite sharply into the line of “Lady Ameera” which lead to two other runners being hampered with “My Boy Boo” also breaking and forcing Mr Orange, the driver of “Shot in the Dark”, to take corrective action to get passed that horse. “Shot in the Dark” can then be seen to run home strongly being beaten 3/4l and a neck for 4th place. The Committee believes “Shot in the Dark” lost at least 2 lengths in avoiding the breaking “My Boy Boo” and that had that interference not occurred would have finished in front of “Notorious” at the end of the Race.

Decision:

The protest is upheld and the amended placings are:-

1st Mac’s Tomado (2)
2nd Ideal Lincoln (4)
3rd Shot in the Dark (7)
4th Notorious(3)
5th Moniaive (6)

Authorisation is given to the payment of dividends and stakes based on the amended placings stated above.

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