Banks Peninsula TC – 8 October 2006 –

hearingid: 014a309babc62fc13b795144bfd7f2ee

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hearing_racingtype: harness-racing

startdate: 08/10/2006

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hearing_title: Banks Peninsula TC - 8 October 2006 -

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Following the running of Race 4, Jack Brankin & Rex Shadbolt Memorial Discretionary Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against BILLY BOY (R P Nyhan), placed 4^th by the judge

Following the running of Race 4, Jack Brankin & Rex Shadbolt Memorial Discretionary Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against BILLY BOY (R P Nyhan), placed 4^th by the judge but subsequently promoted to 3^rd, on the grounds that it caused interference to DEL?S HOOF N IT (G W Hunt), placed 8^th by the judge, when it shifted out onto that horse with approximately 900 metres to run resulting in DEL?S HOOF N IT breaking.

Mr R P Nyhan, part-owner and driver of BILLY BOY, was present at the hearing of the information and indicated that he represented the connections of BILLY BOY.

Mrs Williams said that BILLY BOY had moved out when not in a position to do so tightening DEL?S HOOF N IT onto SPARKLING SUN (S F Smolenski) and forcing Mr Hunt to restrain as a result of which DEL?S HOOF N IT broke.

Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident. He pointed out MIDNIGHT INVASION, which Mr Hunt had been following, move wider and Mr Hunt come down, at the same time as Mr Nyhan came out. He believed that Mr Hunt was "established back in the middle" at the same time as Mr Nyhan shifted up the track, leaving Mr Hunt in a position where he had to restrain. Mr Hunt's horse broke some 5-6 strides after Mr Nyhan had come out. Mr McIntyre, who had been the patrol steward at the end of the back straight, said he had heard Mr Hunt call to Mr Nyhan. Mr McIntyre said he believed there was clear room for Mr Hunt to shift down onto the back of MIDNIGHT INVASION before Mr Nyhan moved out.

Mr Hunt stated that he had been following SPARKLING SUN which then got forced wide by MIDNIGHT INVASION. SPARKLING SUN was under pressure so Mr Hunt elected to switch back. Mr Nyhan was, he said, a half length in front of him. Mr Hunt said that his horse went straight into the gap as Mr Nyhan came out. There was only enough room for one horse and there were two in the gap. He said that he was not prepared to say that Mr Nyhan was at fault ? it was a "split second" thing and both drivers had decided to go for the gap. DEL?S HOOF N IT did not actually gallop in the gap but galloped after he had got it out and it was back about 4 lengths when it did break. Mr Hunt said that it was difficult to say why his horse had galloped ? it was just an unfortunate thing. His horse should have broken earlier than it did. It may have been the result of greenness by the horse. Mr Hunt did not know who was in the gap first but there were two horses in the gap, he said. He was not fully on the back of MIDNIGHT INVASION. He was not prepared to say that he had received interference from BILLY BOY and agreed that it could be described as a "racing incident.

Mr Nyhan stated that there was only room for one horse in the gap, that BILLY BOY was in front of DEL?S HOOF N IT and that was why he got through.

The Committee considered the evidence of the parties and carefully viewed the video replays. It was not satisfied that the protest should be upheld. There was some uncertainty as to exactly what had happened and what caused DEL?S HOOF N IT to break with approximately 900 metres to run. In particular, Mr Hunt was not prepared to assert that he had received interference at the hands of BILLY BOY at that point and, in other respects, his evidence was equivocal. Neither was the video evidence conclusive as what happened. Having regard to those matters, the Committee was not satisfied that BILLY BOY had interfered with the progress or chance of DEL?S HOOF N IT and, accordingly, the protest was dismissed and the placings, as altered in the earlier protest hearing, stand.

R G McKenzie

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