Nelson HRC – 14 January 2005 – Race 12

Following the running of Race 12, a protest was lodged by the Stipendiary Stewards against horse number 10, Napa Valley (M Hay), placed 4th by the Judge, on the grounds that it moved inwards inside the marker pegs with approximately 200metres to run and thereby gaining a run in the home straight it was not entitled to.

The placings were: 1st - No 15, 2nd - 7, 3rd - 1, 4th - 10, 5th - 9, 6th - 12.

Mr Trevor Craddock, trainer of Napa Valley, was present at the hearing and represented junior driver, Mr Hay.

Presenting his evidence, Chief Stipendiary Steward, Mr Escott, called on Stipendiary Steward, Mr P Knowles, to give his evidence and interpret the video of the incident.

He said that, coming into the straight, Mr Hay (Napa Valley) was on the inside trailing Mr Butt (Roman Trickster). At this stage, endeavouring to push through and make a gap that was never there, Mr Hay went well inside the marker pegs, running over 3 or 4 marker pegs. It was his view that there was never sufficient room and, by these actions, and in finishing in 4th place, Napa Valley clearly gained an advantage over several other runners in the race.

On viewing the film, trainer Mr Craddock agreed with Mr Knowles interpretation and conceded that his horse had passed over 3 or 4 marker pegs.

Asked for his comments, Mr Hay agreed with the account. He indicated there was half a gap and his horse was full of running but that it closed, he couldn?t take hold and she struck 3 markers.

Following the evidence, Mr Craddock, to the Chairman, agreed that his horse had gained an advantage and, as such, he also accepted it should be relegated.

.Decision:

In this case, a protest was lodged by the Stipendiary Stewards against Napa Valley on the basis of gaining an advantage by its run in the straight, in which it ran over at least 3 marker pegs on the inside of the track to finish 4th in the race.

The evidence was not contested by driver, Mr M Hay, nor by trainer, Mr T Craddock, who also accepted that, as a consequence, his horse should be relegated.

The Committee was satisfied that that decision was appropriate and, accordingly, the protest was upheld.

This was a situation where the protest was brought, not on the grounds of interference or breaking, but by gaining an advantage and, following a recommendation from the Stipendiary Steward, Napa Valley was relegated from 4th place to 6th place, that is, behind the horses over which it was deemed to have gained an advantage.

The placings are now:-

1. 15 Kitty Malone

2. 7 Flyin Kiwi

3. 1 Drew Bromac

4. 9 Village Jester

5. 12 Roman Trickster

6. 10 Hide the Gold