Forbury Park TC – 1 October 2004 –

Mr Knowles, stipendiary steward, laid an information after race 9 alleging that contrary to rule 869(7) & (8) with some 150 metres to run EASTWOOD ALBATROSS shifted ground inwards forcing COOL PUBLICAN, Mr McLellan, onto KNOWING POCKET, Mr Barron, causing COOL PUBLICAN to break and lose its chance. EASTWOOD ALBATROSS finished 1^st and Mr Knowles was seeking relegation to behind COOL PUBLICAN which finished 7^th.

Mr Knowles demonstrated on the head and side on videos that in the run home with some 120 to run, he estimated, that Ms Green had moved inwards looking for a run and in so doing had forced COOL PUBLICAN onto KNOWING POCKET causing COOL PUBLICAN to break.

Mr McLellan gave evidence confirming there was tightening from his outside. He said he called out to Ms Green to give him room. He said the movement resulted in his horse coming into contact with the cart of the horse on his inner, KNOWING POCKET. His horse lost momentum and eventually broke. When questioned by the Committee, Mr McLellan indicated that his horse was just battling. He said he was "just holding my own ground".

Mr Barron stated that there was contact between his horse and COOL PUBLICAN and that he had put his arm out to fend off COOL PUBLICAN. He said the incident did not cost him any momentum. He agreed his horse may have moved ground slightly outwards but that this was prior to the alleged incident. He stated he had heard Mr McLellan yelling. He wasn?t sure to whom.

Ms Green stated, and this was reiterated by Mr Payne, trainer of EASTWOOD ALBATROSS, that she believed she was entitled to take the gap, and that COOL PUBLICAN was not full of running. She said it was difficult to say if EASTWOOD ALBATROSS had inconvenienced that horse's chances. She added it was difficult to say whether it would have run in the money. She emphasised that Mr Barron's horse had run out.

On viewing the videos and hearing the evidence I am satisfied that Ms Green went for a run on her inner when there was insufficient room. In so doing she crowded COOL PUBLICAN forcing that horse to come into contact with KNOWING POCKET. As a consequence COOL PUBLICAN lost momentum and then broke and drifted back through the field. I accept Mr McLellan's statement that he yelled out to Ms Green to give him room. There is clear video evidence of Mr Barron attempting to fend off COOL PUBLICAN. There is slight outward movement from KNOWING POCKET prior to the incident and this may have been a minor contributing factor to the tightening but I am satisfied the primary movement was from Ms Green.

I am therefore satisfied that there was interference to COOL PUBLICAN and that this was the result of crowding from the outside by EASTWOOD ALBATROSS. That however, is not the end of the matter. I have a discretion as to whether to order relegation. Mr Barron has given clear evidence that his chances were not affected, while Mr McLellan has stated that his horse was only battling and was just holding its own. Ms Green and Mr Payne have emphasised this in their submissions. I am satisfied from hearing the evidence and also from seeing the videos that COOL PUBLICAN was just holding its own. It was struggling to get past KNOWING POCKET which eventually finished 5^th. I do not believe COOL PUBLICAN?S chances of finishing in a dividend bearing position were affected. In these circumstances I dismiss the protest. The placings are as the horses crossed the line.