Otago RC – 19 February 2005 – Race 4

Mr Pitman has alleged that BEARABLE or its rider placed 1^st by the Judge and THE HURRICANE or its rider placed 2^nd by the Judge interfered with the chances of FINAL REALITY placed 3^rd by the Judge, the interference occurring at the top of the home straight and also in the final 200 metres. He has asked that BEARABLE and THE HURRICANE be placed immediately after FINAL REALITY pursuant to rule 876(1) of the Rules of Racing. The margins were a head and 1 1/4 L.

After viewing the side-on and head-on videos Mr Pitman sought and was granted leave by the Committee to withdraw his protest against the winner, BEARABLE. He then demonstrated on the video that turning for home THE HURRICANE moved out and FINAL REALITY then went for an inside run. THE HURRICANE, he said, then came back to the rail resulting in Mr Laking, rider of FINAL REALITY having to check off the heels of THE HURRICANE and mount his run on the outside of that horse. Mr Pitman then demonstrated that in the last 200 metres or so THE HURRICANE moved out twice causing a check to FINAL REALITY resulting in that horse losing momentum and on the second occasion the jockey having to stop riding. Mr Laking stated that he called out to Mr Mosely, the rider of THE HURRICANE who immediately stopped hitting that horse and as result he got room. He said Mr Mosely re-commenced to hit THE HURRICANE as a consequence of which he became squeezed between that horse and BEARABLE on his outer and he had to stop riding. He said the margin was 1 1/4 L and he believed the interference had cost him at least that distance. Mr Pitman confirmed this emphasising that FINAL REALITY was a young horse, it had been checked twice, and had thus twice had to pick up its momentum.

Mr Mosely, rider of THE HURRICANE, accepted that his horse was lugging the whole way up the straight. He said he corrected the moment Mr Laking yelled out to him. He said that FINAL REALITY was inconvenienced only 6 or 7 strides from the post and that this could not have possibly affected FINAL REALITY's chances of beating his horse.

When asked to comment on the evidence Mr Hunter, stipendiary steward, stated that in his view the incident at the top of the straight was minor. He said that while there was interference in the straight, the issue to be determined was whether it had cost FINAL REALITY 2^nd placing.

With respect to the incident entering the home straight the Committee is of the view that THE HURRICANE did move away from the rail briefly presenting a gap to FINAL REALITY before moving back to the rail. At that time THE HURRICANE was clear of FINAL REALITY.

After viewing the videos and listening to the parties and the stipendiary steward, the Committee was of the view that interference had occurred on two occasions in the home straight. The cause of this interference was a gradual outward movement from THE HURRICANE. We accept FINAL REALITY was checked on 2 occasions. Some 175 metres from the post Mr Laking was briefly required to ride FINAL REALITY hands and heels as a consequence of being squeezed between THE HURRICANE and BEARABLE. This pressure was immediately relieved by Mr Mosely. When he recommenced to use the whip THE HURRICANE came out again some 7 strides from the post with the consequence that Mr Laking had to stop riding FINAL REALITY.

In exercising our discretion and deciding not to relegate THE HURRICANE we are of the view that the most significant incident was the latter one, and that while Mr Laking was forced to stop riding, at that time THE HURRICANE was just over a length ahead of FINAL REALITY. While finishing on solidly FINAL REALITY was never making up ground quickly on THE HURRICANE. While FINAL REALITY lost momentum, we do not believe it cost that horse the chance of finishing 2^nd rather than 3^rd, ie ahead of THE HURRICANE. The margin was 1 1/4 L. In these circumstances we dismiss the protest and the placings are as the horses passed the post.