Auckland TC – 1 October 2004 – Race 6

Following the running of race 6 an information was lodged instigating a protest, the judges placings were 1^st No 5, 2^nd No 1, 3^rd No 2, 4^th No 10, 5^th No 8, 6^th No 9..

This was a protest by horse no 11 Tirol's Sallance( M White), against horse no 5 Pace Away (S Butcher), on the grounds of a breach of rule 869 (causing interference), on the first bend in this race..Present at the hearing were Mr M Berger the trainer of Pace Away, Mr M White Jr horseman, the driver of Tirol's Sallance , Mr S Butcher Jr horseman, the driver of Pace away, and Mr T.A. Leonard the owner of Pace Away, Mr J Green the part trainer of Tirol's Sallance.

Mr Muirhead opened his case by showing the video of the start of race no 6, racing into the first bend, and identified the horses concerned Mr Muirhead claimed that Mr Butcher had come across and eased Tirol's Sallance down and in this movement had caused a check to Tirol's Sallance. Mr Muirhead stated that Pace Away was racing in a one out position near the rear of the field with Tirol's Sallance on his inside. Mr Muirhead claimed that Mr Butcher was entitled to ease Tirol's Sallance down as he had an advantage on this horse however Mr Muirhead claimed Mr Butcher had come in a bit quick over the concluding stages of this manoeuver and made contact with Tirol's Sallance causing this horse to break from its gait. Mr Butcher gave evidence and stated he had eased Mr White down which he was perfectly entitled to do and in Mr Butcher's opinion it was Mr White who was as fault. Mr Butcher stated it was Mr White who struck his wheel. Mr Berger also gave his interpretation of this incident and he believed it was a racing incident Mr M White gave evidence and stated he was attempting to get onto Mr Butchers back he acknowledged he was eased down, by Mr Butcher however his horse had grabbed hold and did not respond quick enough, Mr White stated he had a horse up on the inside of him and could not go down to the marker line. Mr White stated that the horse on the inside of him had "shot up there very quickly ", and he had no option but to attempt to get onto Mr Butchers back. Mr White stated he had called for room however Mr Butcher stated he did not hear Mr White call.

This Judicial Committee finds having taken into consideration the evidence as presented that a check was caused to Tirol's Sallance going into the first bend.

It is the opinion of this Judicial Committee that this interference was caused by a number of contributing factors.

1 The movement of Pace Away in easing down Tirol's Sallance was gradual and within the bounds of the rules.

2 Tirol's Sallance driven by Mr M White was caught in a no win situation and in easing back to get onto Pace Away's back Mr White's horse did strike the wheel of Pace Away.

3 Mr White could not go in to the marker line because he had a horse Shelly Brydon come up quickly on his inside.

Given all of these factors we find there is an element of doubt as to the exact cause of this incident and using our discretion under rule 1003 we therefore dismiss this protest and order that the judge's placings stand.