Hawkes Bay RI – 2 September 2006 –

hearingid: 877054ee4b4408da269977938e8b1e0b

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hearing_racingtype: thoroughbred-racing

startdate: 02/09/2006

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hearing_title: Hawkes Bay RI - 2 September 2006 -

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Following the running of Race 7 Mr. C.George (senior Stipendiary Steward) lodged an information instigating a protest pursuant to the Rules of Racing alleging that Mohican Brave or its rider placed second by the judge interfered with the chances of Just Looking placed fourth by the judge.

Following the running of Race 7 Mr. C.George (senior Stipendiary Steward) lodged an information instigating a protest pursuant to the Rules of Racing alleging that Mohican Brave or its rider placed second by the judge interfered with the chances of Just Looking placed fourth by the judge. The interference occurred in the home straight.

The Judge's placings were, first No 1 Arlingtonboulevard, second No 7 Mohican Brave, third No 2 Lilakyn and fourth No 6, Just Looking.

The margins were a long neck, a long neck and a nose.

Present during the hearing were the connections of Mohican Brave, Mr. O.P.Bosson, rider and trainer Ms D.Guy. The connections of Just Looking were represented by rider Ms K.Myers and senior rider Mr. A.Calder.

Mr. George asked Mr. Goodwin the show the films of the incident. Using the head-on view Mr. Goodwin identified Mohican Brave ( O.P.Bosson) racing in a position approximately four to five horse widths off the fence shortly after entering the home straight. He showed how Mr. Bosson allowed his mount to shift in and in doing so put pressure on Figurinit who in turn caused buffeting to Just Looking (K.Myers) as Ms Myers was attempting to make a run between horses. Three views of the incident were shown.

Ms Myers told the committee that a gap presented itself in front of her but as she made an attempt to go through the gap there was tightening from her outside and Figurinit made contact with Just Looking shunting her horse sideways. Ms Myers estimated that the interference cost her almost half a length. Mr. Calder added that interference at such a vital part of the race was significant especially with the margin between third and fourth placings being a nose.

Mr. Bosson admitted that he did roll inwards a little but said that he believed the gap was always there for Ms Myers to go through if her horse had been going well enough. He said that he had caused more trouble to Figurinit than to Just Looking and that the amount of buffeting that occurred did not prevent Just Looking from running into a place.

Ms Guy concurred with what Mr. Bosson told the committee.

Mr. George concluded by saying that prior to the incident Ms Myers had clear racing room until pressure came from Mr. Bosson riding Mohican Brave. In his opinion the interference suffered by Just Looking was quite significant under the circumstances with the margin between third and fourth of a nose.

Rule 876 (1) requires us 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.

We are satisfied having viewed the films and listening to the evidence that interference did occur. Just Looking was winding up and attempting to move into a gap which had presented itself in front of Ms Myers when Figurinit racing on its outside suddenly moved inwards bumping and buffeting Just Looking. It was clear from the films that Figurinit did not move in of its own accord but had been forced onto Just Looking by the movement across from Mohican Brave.

Next we have to take into account whether the interference affected the chances of Just Looking finishing in a better placing. The margin between third and fourth was only a nose and Ms Myers stated that she had been "shunted sideways" by the interference she received. Her horse had to recover from the buffeting and she estimated that it cost her half a length. Both Mr. Calder and Mr. George said that considering the close margin the interference was significant.

For all of these reasons it was the opinion of the committee that the chances of Just Looking were affected.

In coming to a decision on whether to relegate Mohican Brave the committee took into account firstly the nature of the interference. Mohican Brave, in moving across caused a chain reaction which resulted in Just Looking receiving quite a severe check. We also took into account the critical stage of the race where the interference occurred and the close margin between third and fourth horses of a nose. There was a credible chance that had Just Looking received a clear run to the line it would have finished in a better position.

Accordingly the protest was upheld and the amended placings are:

1^st Arlingtonboulevard (no 1)

2^nd Lilakyn (no 2)

3^rd Just Looking (no 6)

4^th Mohican Brave (no 7)

N.Moffatt (Chairman)                                            TW Castles

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hearing_type: Old Hearing

Rules: 876.1

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