Invercargill HRC – 26 January 2009 – Race 3

Under Rule 870(3) and Breaking Horses Regulation: At the conclusion of Race 3, The Summer Festival at Invercargill 30^th January 09, Special Handicap Trot, a protest was lodged by Stipendiary Steward Mr P T Knowles into LYALLDALE INVASION ( M Williamson) placed third by the judge, alleging that LYALLDALE INVASION broke at the start of the race not returning into its trotting gait within 150 metres.

Under Rule 870(3) and Breaking Horses Regulation: At the conclusion of Race 3, The Summer Festival at Invercargill 30^th January 09, Special Handicap Trot, a protest was lodged by Stipendiary Steward Mr P T Knowles into LYALLDALE INVASION ( M Williamson) placed third by the judge, alleging that LYALLDALE INVASION broke at the start of the race not returning into its trotting gait within 150 metres.

Mr Knowles used several video clips to highlight when he believed LYALLDALE INVASION broke, and at what point he returned to his gait. When questioned Mr Knowles confirmed that the video clip could not clearly define the point that LYALLDALE INVASION returned to its gait.

The marker poles represented distances between each pole and on counting off distances off the video clip Mr Knowles stated that in his opinion it was "around the 150 metre mark".

Mr Phil Williamson, Trainer of LYALLDALE INVASION, stated that he believed there was a lot of doubt surrounding how far LYALLDALE INVASION broke. He stated also that the video evidence was inconclusive and that his horse he believed had been out of his gait for about 120 metres. Mr Williamson stated not having any film of when LYALLDALE INVASION returned to its gait made it extremely difficult to gauge the distance.

When questioned, Stipendiary Steward Mrs Williams stated that she was positioned at the top of the straight, and once aware that LYALLDALE INVASION may have finished in a stake bearing placing she made Mr Knowles aware of a possible breach of the Rule. Mrs Williams believed from her observation point that LYALLDALE INVASION had broken "bordering on the 150 metre mark". She stated that the distance from the pylons was 100 metres and then the distance between the markers first and second would be fifty metres. Mrs Williams agreed that it was impossible to tell off the video clip at what point LYALLDALE INVASION returned to its gait.

DECISION and REASON:

The protest was dismissed due to the inconclusive evidence that was presented.

Clearly LYALLDALE INVASION broke for at least 120 metres and possible up to or beyond marginally 150 metres, however, none of the video clips shown could determine at which point LYALLDALE INVASION returned to its proper gait after the 120 metre mark. Clearly all those who gave evidence agreed there was 'doubt' surrounding the margin of breaking and as a result, and with the lack of visual support on this occasion LYALLDALE INVASION was the benefactor of doubt, and placings were allowed to stand as the horses passed the post.

N D Skelt

Chairman