Levin RC – 30 July 2005 – Race 7

Following the running of Race 7, a protest was lodged by Mr S.Collins, the rider of Kenny Starfighter alleging that Final Reality or its rider placed 1st by the Judge interfered with the chances of Kenny Starfighter placed 2nd by the Judge. The interference occured at the start of the race. The official margin between the 1st and 2nd horse was a long neck.

Present at the hearing were connections of Final Reality; Mr Pitman (trainer), Mr S.Kirkland (owner) and Mr D.Bradley (rider) while connections of Kenny Starfighter were Mr Wallace (trainer) and Mr S.Collins (rider). The owner of Kenny Starfighter was overseas.

Mr Collins alleged that as the horses jumped from the barrier Mr Bradley came across on Final Reality and hampered him quite severely. He said that while he was marginally slow away on Kenny Starfighter, Mr Bradley had stopped him from getting a nice run into the race. Mr Collins used the head-on film to show the alleged interference from Final Reality, acknowledging that a horse on his inside had also moved out a bit. He used the side-on film to demonstrate how much ground he had lost, estimating this to be at least two to three lengths. The film was allowed to run through to the end of the race.

Mr Wallace backed up Mr Collin's comments adding that the horse was under pressure for the rest of the race. He said that the horse was normally a precocious beginner, had jumped well and lead at both its trials, and its last race. He stated that the alleged interference by Final Reality had hampered him and caused traffic problems for the whole race.

Mr Bradley replied (using the side-on film) saying that he could see Mr Collins hunting his horse out of the barrier to gain a prominent position. He used the head-on film to show, firstly, the horse inside of Mr Collins moving outwards creating a problem and then Mr Bradley having to straighten Final Reality as a horse racing wide of him moved quickly across into his line of running. It was his opinion that what happened at the start was a general factor of racing and that the connections were using it as an excuse to win the race in the judicial room. He finished by saying that Final Reality switches off when in front and could in fact have won by a bigger margin.

Mr Pitman added that Kenny Starfighter had been slow out of the barrier at Wellington at its last start and finished on strongly, which was consistent with his pattern of racing today. He also said that Mr Collins had been under a vigorous ride throughout the race and that if there had been any interference at the start it was of a minor nature. Mr Pitman said that the head-on film showed the initial movement came from the inside horse moving out and bumping Kenny Starfighter and that Final Reality had made no contact at all with him. He concurred with Mr Bradley that this type of thing happened at every single raceday.

Mr McCutcheon was asked to give evidence and did so, stating that Mr Bradley's mount had come across when not clear and that Mr Collin's mount probably lost about two lengths. He said that Kenny Starfighter had finished strongly in the straight and was only beaten by a long neck. In his opinion interference had occurred but that it happened very early in the race. He said that while Kenny Starfighter had been under pressure for the mid-stages of the race that was not the problem of Final Reality.

Rule 876 (1) requires the committee to ask first whether interference occurred and then if so, whether that interference has cost the horse interfered with a chance of finishing in a better position.

The committee had careful consideration to all of the evidence put before it including the video evidence and the margin between the two horses of a long neck.

We had no doubt that interference occurred, the side-on video in particular showed Kenny Starfighter losing ground and the oral evidence supported this. In deciding whether the interference cost the horse a chance of finishing in a beter position the committee took into account:

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• the very early stage of the race that the interference occurred. Kenny Starfighter was marginally slow away himself, suffered some interference and then was under pressure for the middle stages of the race, only finishing strongly towards the final stages.
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• the evidence that suggested other horses, apart from Final Reality, contributed to the interference at the start.

Mr Collins and Mr Wallace made strong and valid submissions and the protest was certainly not a frivolous one, however the committee had to be completely satisfied that the interference to Kenny Starfighter from Final Reality cost him the chance of winning the race.

Due to all of the factors outlined we were left with some doubt, therefore the protest was dismissed and placings were allowed to stand as called by the Judge.