NZ Metro TC – 15 September 2005 – Race 4

Following the running of Race 4, Kirwee Tavern Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, being a protest against FLIRT ALERT (A M Butt), placed 3^rd by the judge, on the grounds that its sulky wheel moved inside the track marker line for more than 30 metres in the last 600 metres of the race.

Mr A M Butt, Licensed Open Horseman, attended the hearing of the information and informed the Committee that he was representing the connections of FLIRT ALERT. Mr Escott said that he had spoken to Mr T G Butt, the trainer of FLIRT ALERT, who confirmed that he was entrusting the representation of the connections of FLIRT ALERT to Mr A M Butt.

Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident in respect of which the Stipendiary Stewards were seeking disqualification of FLIRT ALERT. Mr McIntyre informed the Committee that the distance between the relevant pylons was 9.4 metres. He alleged that the near side sulky wheel of FLIRT ALERT had gone inside the final four pylons before the home straight. Mr McIntyre said that, from his vantage point from the back straight looking across the track, there had been no inconvenience caused to FLIRT ALERT by any other runner and that, from having viewed the replays, there was sufficient room between FLIRT ALERT and RASHANNE on its outside. Mr Butt disputed that Mr McIntyre was in any position to determine, from his vantage point, whether any inconvenience was caused to FLIRT ALERT.

Mr Butt said that, rounding the last bend, his horse was under pressure. RASHANNE (R T May) was outside him and URGENTLY (R D Holmes) was coming round 3-wide. Pressure was put on FLIRT ALERT by those outside runners and he got inside the first two markers but came back out again and "brushed" the last marker. The pressure was not great, he said, and did not cause interference but was sufficient to force him further down in the running line than he should have been. Mr Butt submitted that the horse was only inside the marker line for 9 metres.

Mrs K R Williams, Stipendiary Steward, stated that she had observed the incident from the patrol box at the entrance to the home straight. There was no apparent tightening on Mr Butt, she said. She also showed video replays to support this.

The Committee requested that a slow motion replay be showed to endeavour to establish the distance over which FLIRT ALERT had raced inside the marker line.

The Committee was satisfied, firstly, that FLIRT ALERT had breached Rule 869 (7B) in that its sulky wheel had moved inside the track marker line for more than 30 metres in the last 600 metres of the race and, secondly, that it had not been established that the breach was caused by interference by another horse or horseman. Having so found, the Committee was required, in terms of Rule 869 (7B), to disqualify FLIRT ALERT from the race and, accordingly, the protest was upheld and FLIRT ALERT was disqualified from the race.

Consequent upon the disqualification, the amended placings for the race are as follows:

1^st Urgently (5)

2^nd Rashanne (9)

3^rd Nettys Kingdom (1)

4^th Sir Dufton (11)

5^th Hopefull (3)

It is ordered that dividends and stakes be paid accordingly.

CHAIRMAN