Ashburton TC 6 June 2011 – R 7 (Instigating a protest)

Following the running of Race 7, the Office Spot Ashburton Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren under Rule 869(8) alleging “Temudgin” (3), driven by Mr D. J. Butt, which finished 2nd, interfered with “Ballindooley” (1), driven by Mr A. M. Butt, which finished 4th.
The Judge’s official placings in this race were as follows.

1st – JB Maguire (19)
2nd – Temudgin (3)
3rd – Fair Dinkum Bromac (18)
4th – Ballindooley (1)
5th – Nevermind Franco (10)
6th – Jellignite (20)

The Information reads as follows.
“This is a protest by horse number (1) place 4th by the Judge against horse number (3) placed 2nd by the Judge on the grounds – at the start Temudgin shifted in resulting in Ballindooley being checked.”
Rule 869(8) provides as follows.
“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.”

Mr A. M. Butt was the driver of “Ballindooley” (1) and he advised that he would represent the connections of that horse. Mr D. J. Butt was the trainer and driver of “Temudgin” (3) and he advised that he would represent the interests of that horse.

Video coverage of this incident was shown to illustrate that at the start of this 2400 metre standing start race Mr A. M. Butt had drawn barrier (1) with “Ballindooley” and Mr D. J. Butt had drawn barrier (3) with “Temudgin”. When the race started “Temudgin” moved inwards crowding “Wal” (2) and “Ballindooley” with the result that “Ballindooley” was forced over the marker line and on to the inside of the track. As a result “Ballindooley” lost considerable ground and shortly after the start was racing near the rear of the field. “Temudjin” got away reasonably well and was at least 3 lengths in front of “Ballindooley” by the time that horse got fully under way.
Mr A. M. Butt said that the chances of his horse were affected, saying that his pre-race plan was to get to the front or as near to it as possible early on in the race, but he could not do this due to the interference. Mr D. J. Butt questioned whether the incident affected the result of the race. The margin between 2nd and 3rd was 2.1 lengths, and between 3rd and 4th .5 of a length.
Mr Ydgren made submissions that “Temudjin” should be relegated to 4th place.
 

We were satisfied that there was significant interference to “Ballindooley” at the start of this race, and that as a result this horse went to the back of the field and ended up a considerable distance from the leaders. In terms of Rule 869(8) we were satisfied that the interference resulted in “Temudjin” gaining an advantage over “Ballindooley”, and that the interference severely interfered with the progress or chance of that horse. We decided that “Temudgin” should be relegated from 2nd to 4th place.