Marlborough RC – 29 April 2007 –

hearingid: 7202e0c3a7bf9ac4a564e1b1cb451c69

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 29/04/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Marlborough RC - 29 April 2007 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 1, a protest was lodged by the stipendiary stewards against horse number 5, Ochiltree Boy (D Morrison), placed 3rd by the Judge, on the grounds of causing interference to horse number 12, Blushing Babe

Following the running of Race 1, a protest was lodged by the stipendiary stewards against horse number 5, Ochiltree Boy (D Morrison), placed 3rd by the Judge, on the grounds of causing interference to horse number 12, Blushing Babe (A Shand), placed 7th in the race, with approximately 1200metres to run.

The placings were: 1st - No 13, 2nd - 15, 3rd - 5, 4th - 7, 5th - 9, 6th - 14. Payment of dividends on the first two placings was authorised before the hearing commenced and, as the Information was read, the stipendiary stewards sought leave to amend the Information by correcting the number of the horse affected. It was so amended.

Presenting his evidence, stipendiary steward, Mr Ydgren, called driver A Shand. He said that, with about 1200metres to run, there was an easing of the running and he tried to come out and around with a bit of speed and Mr Morrison came out in front and eased him out. He said this forced him extra wide around Mr Morrison.

Referring to the film, Mr Ydgren pointed out the respective horses. He said that Mr Shand (Blushing Babe) pulled out to go three-wide and Mr Morrison (Ochiltree Boy), ahead of him, also pulled out and races three-wide, thus forcing Mr Shand four-wide, covering substantial amount of extra territory down the back. He said Mr Shand is left sitting directly outside Mr Morrison until Mr Morrison improves his position to sit parked and Mr Shand is left three-wide.

Mr Morrison, in his account, said he moved out before Mr Shand came around, and he was surprised Mr Shand didn?t get onto his back.

To the Committee, Mr Shand said he was outside his wheel when Mr Morrison came out but this was disputed by Mr Morrison, who said he was out before Mr Shand reached him. He said there was no push-out, and he was entitled to be there.

Referring to the video of the incident, Mr Morrison said he was waiting for someone to move and, as soon as he saw someone coming, he moved out. He agreed that Mr Shand came with a lot of speed but it was his view that the video clearly showed he was out before Mr Shand came around. ..2

..2

Prior to a decision being reached, Mr Morrison advised that he had a horse in the upcoming race, and he asked to be excused. Whilst one of the interested parties, he was comfortable with the decision being given in his absence.

Given the close proximity of the next race, those present were advised that a brief verbal decision would be given and a full written decision would be available later.

This is a protest by horse number 12, Blushing Babe, placed 7th in the race against horse number 5, Ochiltree Boy, placed 3rd by the Judge, on the grounds of interference under Rule 869(6)(b)(c).

Mr Shand, in his evidence, said that he was outside Mr Morrison's wheel when Mr Morrison moved out, and forced him to race four-wide. This was disputed by Mr Morrison who said he was out beforehand and he expected Mr Shand to get onto his back. The incident was described by the stipendiary steward and illustrated by videos of the incident.

We are not satisfied that there was sufficient evidence to consider a change of placings in the race. We can qualify that by saying that, whilst we accept that Mr Shand was moving quickly in his action around the outside of the field, we accept Mr Morrison's account that had commenced his outward movement before and when being joined by Mr Shand.

Whilst there may have been some doubt, our view is supported by the video which clearly shows a head movement from (Ochiltree Boy) - indicating he was in the process of being moved out from his position - before he was joined by Mr Shand.

In the circumstances, we are not satisfied there was any interference that would be sufficient to support a change of placings. Accordingly, the protest is dismissed and the placings remain:-

1. 13 Gazza

2. 15 Goodonyoumatildas

3. 5 Ochiltree Boy

4. 7 Thegiftoflife

5. 9 Bank Roll

6. 14 Kikka Ki Katie

P.H.Welch

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.6.b.c

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: