Marlborough HRC – 19 January 2007 – Race 5

hearingid: 2b413c1957ad2c8abdd1b84eecaad2d6

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hearing_racingtype: harness-racing

startdate: 19/01/2007

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decisiondate: no date provided

hearing_title: Marlborough HRC - 19 January 2007 - Race 5

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Decision:

Following the running of Race 5, a protest was lodged by the Stipendiary Stewards against horse number 1, Zsa Zsa (A Tomlinson), placed 1st by the Judge, on the grounds of interference to horse number 9, Monaro Miss

Following the running of Race 5, a protest was lodged by the Stipendiary Stewards against horse number 1, Zsa Zsa (A Tomlinson), placed 1st by the Judge, on the grounds of interference to horse number 9, Monaro Miss (C Thornley) with approximately 600metres to run.

The placings were: 1st - No 1, 2nd - 11, 3rd - 9, 4th - 4, 5th - 13, and the margins were 4 3/4 lengths, 3 lengths and two lengths.

Mr J Smith introduced himself and indicated, with confirmation from Ms Tomlinson, that he had been asked by the horse's trainer, Mr K Ford, to assist her at the hearing.

Presenting his evidence, Chief Stipendiary Steward, Mr Escott, called driver Mr Thornley. When asked what caused his horse to break, he said that he was travelling okay at the time and, while there wasn?t a lot in it, Zsa Zsa, driven by Ms Tomlinson, just touched his horse's leg when she crossed over (to go to the lead).

Referring to the only film available, and in response to a question from Mr Escott, Mr Thornley confirmed the horses got a little tight on the bend but she (Zsa Zsa) only just touched his horse and caused him to lose momentum, losing two or three lengths.

Ms Tomlinson said that, prior to the 1000metre mark, she had said to Mr Thornley that she was travelling well at the time and was prepared to sit outside the leader but, going so well, she elected to get to the front before the home bend. She stated that she was in front of the horse's (Monaro Miss) head when she crossed. She said she saw that horse break but was adamant she never heard or felt anything to cause interference.

At this point she was reminded by Mr Escott that movement can be made provided it doesn?t cause interference, and that she doesn?t necessarily have to make contact to cause interference.

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Ms Tomlinson reiterated that she was clear when she crossed over and was travelling well, and she was adamant she did not make contact.

To the chairman, Mr Thornley said that the wheel (of Zsa Zsa), the rim, only just touched the outside leg of his horse when she moved across, and he felt it was the contact that caused his horse to break.

Addressing the hearing, Mr Smith asked if there were another film of the incident, a head-on, but it was explained that it occurred on a bend and there was none available.

On resumption, given the close proximity to the next race (2-3 minutes), the hearing was advised of the result with brief reasons, and was informed that a full written decision would be available later.

This is a protest against horse number 1 (Zsa Zsa), placed 1st by the Judge, alleging interference to horse number 9 (Monaro Miss) with approximately 600metres to run.

We have heard evidence from Mr Thornley that Zsa Zsa, which had been travelling outside him, crossed over to the lead and, in doing so, briefly touched the leg of his horse, causing him to break for 2 or 3 strides. In his words, ?there was not a lot in it?.

Ms Tomlinson (Zsa Zsa), in her account strongly denying interference, said she was clear of Mr Thornley in crossing, and she did not hear or feel any possible contact.

In determining this protest I have to ask if interference occurred and, if so, the severity and impact of that interference.

Mr Thornley said there was slight contact, Miss Tomlinson said there was not and, in assessing the evidence, and viewing the video, I am inclined to the view that whilst some interference may have occurred, I am not satisfied it was conclusive, nor sufficient to alter the placings. The video itself was of little help in determining the extent or significance of any possible interference. I note the winning margin was 4 3/4 lengths with a further 3 lengths back to Monaro Miss.

There may have been some pressure brought to bear but there is doubt and, in this case, the benefit of that doubt goes in favour of the status quo. The protest is dismissed and the placings remain:-

1. 1 Zsa Zsa

2. 11 Time To Shine

3. 9 Monaro Miss

4. 4 The Rustler

5. 13 Roydon Quest

P.H.Welch

Chairman

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hearing_type: Old Hearing

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raceid: 7eb220f7ac5518b9cec3f1ca7c42634d

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race_title: Race 5

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meetid: bb073f4e38d8b2f869d2214e6867ca5a

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meetdate: 19/01/2007

meet_title: Marlborough HRC - 19 January 2007

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tracklocation: marlborough-hrc

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name: Marlborough HRC