Forbury Park TC – 24 March 2005 – Race 11

Mr Knowles instigated a protest under rule 869(8)(b) against the 1^st placing of DARK SHADOW in race 11 on the grounds that with approximately 100 metres to run DARK SHADOW moved inwards coming into contact with DILLON DIVA causing that horse to break and lose its chances of finishing in a better position. The margin between 3^rd and 4^th was 2 lengths.

Mr Knowles had Mr Allison, assistant stipendiary steward, demonstrate on the videos that DARK SHADOW when running on strongly moved inwards into the line of DILLON DIVA causing that horse to check and lose ground.

Mr Cox, driver of DILLON DIVA, stated that he was forced to take hold of his horse when DARK SHADOW drifted in causing tightening. He said he came into contact with DARK SHADOW and that DILLON DIVA was finding the line at the time of the incident. He said he called out to Mr Walkinshaw but that the pressure was only relieved after contact was made. Mr Scobie, driver of PEARL OF WISDOM which was racing on the inside of DILLON DIVA, confirmed that DILLON DIVA had got squeezed between his horse and DARK SHADOW. When questioned by Mr Negus as to whether his horse had moved out on the track, he accepted he had, but he said only marginally. He added that LOURAMA which finished 3^RD had also moved out and that his horse had moved as a consequence of following the movement of that horse. Mr Negus also stated that DILLON DIVA had ample time to run past DARK SHADOW which had come from behind it.

I am satisfied from the videos and the oral evidence that the progress and chances of DILLON DIVA were affected by an inwards movement from DARK SHADOW in the run home. In exercising my discretion not to relegate I am primarily influenced by the fact that the margin between 3^rd and 4^th was 2 lengths and that while finishing on at the time of the incident, DILLON DIVA was doing so only fairly. It was a relatively fast run race and all of the horses were feeling the effects of this and were under pressure. I am not satisfied that had interference not occurred that DILLON DIVA would have finished in a better placing. I also accept Mr Negus's statement, which was confirmed by Mr Scobie, that PEARL OF WISDOM had moved outwards at the same time. While the primary cause of the interference was an inwards movement from DARK SHADOW, the movement by PEARL OF WISDOM which I accept was following LOURAMA which had also moved out slightly, contributed to the general tightening.

Weighing these matters the protest is dismissed and the placings are as the horses crossed the line.