NZ Metro TC – 16 May 2008 – Race 12

hearingid: 8e6b0e5e34ab6ac332ef9e25fb33c833

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hearing_racingtype: harness-racing

startdate: 16/05/2008

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decisiondate: no date provided

hearing_title: NZ Metro TC - 16 May 2008 - Race 12

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DECISION AND REASONS:

Following the running of Race 12, McArdle Standing at Nevele R Stud Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against MAGICAL MACH (S P Walkinshaw), placed 3^rd by the judge, by GEORGETOWN (K M Barron), placed 5^th by the judge, on the grounds of interference approximately 60-70 metres short of the finishing line.

Mr K T Fairbairn, part-owner and trainer of MAGICAL MACH represented the connections of that horse at the protest hearing. Mr Walkinshaw was also present.

Mr Barron told the Committee that MAGICAL MACH had clearly gone past GEORGETOWN and then “ran in and galloped” forcing the latter horse to lose momentum when it came back on GEORGETOWN and Mr Barron had to “veer to the inside” to get another run. The margin between 3^rd and 4^th was a nose and, all parties agreed, the margin between 4^th and 5^th was also a nose. Mr Barron expressed the view that, but for having to change ground, he would have beaten the 4^th placed horse, MEGASAM.

Mr N G McIntyre showed video replays of the final stages of the Race. He pointed out Mr Walkinshaw driving aggressively with the reins and the whip. MAGICAL MACH began to pace roughly and then broke. He pointed out Mr Barron having to take hold of GEORGETOWN and switch to the inside of MAGICAL MACH for a run, eventually finishing in 5^th place, a nose from the 4^th placegetter, MEGASAM.

Mr Fairbairn alleged that GEORGETOWN had been forced to change ground by an outward movement (3 cart-widths, he alleged) from PASSION N GLORY (M P Jones) and that, had he been able to hold his line, he would not have received interference from MAGICAL MACH. Mr Barron admitted that he had been inconvenienced by PASSION N GLORY. Mr Escott submitted that the movement by PASSION N GLORY was “minimal”. When asked by the Chairman, Mr Barron confirmed that there had been two separate incidents and that the outward movement of PASSION N GLORY was prior to the alleged interference he received from MAGICAL MACH.

 The Committee was satisfied, in terms of Rule 869 (8), that MAGICAL MACH had interfered with the progress or chance of GEORGETOWN in that it broke in the final stages and came back on GEORGETOWN, resulting in that runner losing momentum and forcing Mr Barron to change ground to the inside of MAGICAL MACH. The margin between 4^th and 5^th was a nose and Mr Barron was in no doubt that, but for the interference received, he would have finished in 4^th placing. In the Committee’s view, that contention was clearly supported by the video replays.

Mr Fairbairn argued that PASSION N GLORY had contributed to the incident by forcing GEORGETOWN wider onto MAGICAL MACH’s back. Had it not done so, GEORGETOWN would have been in a position to avoid MAGICAL MACH when that runner went off stride. Whilst that latter statement may be correct, Mr Fairbairn is not entitled to rely upon that to excuse the subsequent interference by MAGICAL MACH to GEORGETOWN. The two incidents can be and should be viewed entirely separately. The incident that led to the alleged interference the subject of the protest was simple enough and the Committee’s finding on that is set out above.        

Accordingly, the protest was upheld and MAGICAL MACH was relegated from 3^rd to 5^th placing in the Race. As a consequence of the relegation, the amended placings for the Race are:

1^st   7   Fiery Falcon

2^nd  6   Themightyquinn

3^rd  9   Megasam

4^th 10  Georgetown

5^th  4   Magical Mach

R G McKenzie

CHAIRMAN

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hearing_type: Old Hearing

Rules: 869.8

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raceid: bf6ff57f26aa6f0538ea513144d031c1

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race_title: Race 12

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meetdate: 16/05/2008

meet_title: NZ Metro TC - 16 May 2008

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tracklocation: nz-metro-tc

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name: NZ Metro TC