Auckland RC – 26 December 2004 –

This is a protest under Rule 876 (1) of the Rules of Racing by Chief Stipendiary Steward L N McCutcheon following Race 8 alleging that WAITOKI DREAM (G Grylls) or its rider placed second by the judge interfered with the chances of GARRARD (A Peard) placed third. The interference was alleged near the 250 metres and the margin between second and third was three quarters of a length. Mr. McCutcheon reserved the right to charge.

The connections of WAITOKI DREAM were represented by Trainer K Cullen and GARRARD by its Trainer C Wood. Mr. M J Shallue, one of the owners of WAITOKI DREAM was also present.

Stipendiary Steward A Coles demonstrated the incident on video and after identifying the runners he drew attention to the actions of WAITOKI DREAM as it angled in resulting in GARRARD being blocked from the run it was making as it attempted to improve from its position behind WINGS ON FIRE. He estimated that GARRARD lost two to two and a half lengths from the check, which it suffered and then finished strongly to be three quarters of a length from WAITOKI DREAM at the finish. He estimated that the movement in by WAITOKI DREAM was a half to three quarters of a horse width to close off a gap, which GARRARD was attempting to take.

Questioned by Mr Grylls he agreed GARRARD had been behind WINGS ON FIRE but was angled out for a gap, which became available. Mr GRYLLS suggested it was only marginally available given his movement in was half a width at the most and it had closed before GARRARD could attempt to take it. Mr Coles did not agree. He agreed it was tight but there was room.

Mr Cullen queried whether there had been any movement first by WINGS ON FIRE and Mr Coles said that had been earlier in the run home and had not affected the gap for GARRARD.

Mr Wood asked Mr Coles to confirm the gap was there for GARRARD and he agreed. Mr Shallue thought that WAITOKI DREAM was holding his ground but Mr Coles said that the video showed a definite inward movement to close the gap. Mr Peard asked Mr Coles if he had lost ground in the check and Mr Coles confirmed that he had.

Mr Grylls stated that any gap was at best marginal and that any movement in by WAITOKI DREAM was a half width, if that. GARRARD was never there to take it and WAITOKI DREAM was finishing strongly to the finish. Any movement was insufficient to affect GARRARD who had to come out from behind a weakening WINGS ON FIRE by which time any gap was not there.

Mr Wood asked the Committee to note that GARRARD had been checked as the evidence showed and then had made up ground to be three quarters of a length away at the finish. It was clear, he believed that its chances had been affected.

Mr. McCutcheon in summing up told the committee he believed there were two questions for it to answer. First, was there room available for GARRARD? He was sure there was. Second, did WAITOKI DREAM close it? In his opinion it did and the video confirmed this. From there it is clear that GARRARD lost two to two and a half lengths and by the winning post had made ground to be three quarters of a length back from WAITOKI DREAM at the finish.

After considering the above the Committee accepts the evidence of Mr. Coles, confirmed by the video that interference has occurred as alleged; and that it has affected the chances of GARRARD. It does not accept the view expressed by Mr. Grylls and finds that there was room for GARRARD to improve, which was then denied to it by the inward movement of WAITOKI DREAM. Clearly that has affected the chances of GARRARD as alleged and it is appropriate for the committee to exercise its discretion to change the placings. The protest is upheld and WAITOKI DREAM is relegated behind GARRARD. The amended placings will now be:

1^st No.16 MISTRALE

2^ND No. 8 GARRARD

3^RD No.2 WAITOKI DREAM