Oamaru HRC – 25 September 2005 –

This is a protest by Mr Knowles, Stipendiary Steward, against the 2nd placing of BORN AGAIN CHRISTIAN in Race 7 on the grounds that the horse started from the incorrect barrier position. Judge's placings were: 2, 11, 8, 4, 3, 6.

Mr Knowles has alleged that BORN AGAIN CHRISTIAN started from its incorrect barrier position in that the horse should have started from the outside position on the front line as there were scratchings, but in fact started from the inside of the 2nd line. After discussion with the Chairman, he intimated he sought disqualification pursuant to rule 1003(2).

Mr Curtin has acknowledged he started from the wrong position but stated that immediately prior to race start he requested advice from the starter's assistant. He said he asked "Should I start from the outside?" In response, the assistant directed him to take up the inside position on the 2nd line. The starter, Mr McCallum, has said that he told the drivers before the race that there was only 1 horse on the 2nd line. Mr Curtin has said he did not hear this and Mr McCallum has acknowledged that he spoke to the drivers when a number of them were attending to the gear of their horses. Mr McCallum observed there were 2 horses on the 2nd line only after letting the field go and it was too late to do anything at this time. Mr Timpkins, starter's assistant, has stated that he did instruct Mr Curtin to start on the 2nd line. He has acknowledged his error, stating he thought BORN AGAIN CHRISTIAN (and not LIKEMESIAH) was the only horse on the 2^nd line and he simply "got it wrong".

This is a most unusual situation that has arisen. I am going to take particular note of the power that I have under rule 1003(2) which says that every horse that commits a breach of any rule "shall be liable to the following penalties", which includes disqualification (not shall be disqualified). I am satisfied on the evidence that I have heard that the horse BORN AGAIN CHRISTIAN (J Curtin) has started from the incorrect barrier position. I do not think there is any dispute as to that. But for the horse to be disqualified would be a travesty of justice. If I was to disqualify the horse the connections would be affected and also the betting public. There is also the interests of racing to be considered. I exercise my discretion solely on the basis that Mr Curtin had asked for and followed to the word the instructions given to him by the starter's assistant. He started in the position where he was directed. In those circumstances I am prepared to leave the placings as the horses crossed the line. The protest is dismissed.

Chairman