Manukau TC – 30 September 2005 –

An information instigating a protest lodged by Stipendiary Steward, Mr J Muirhead, on behalf of the horse BOSS NEW YORK, driven by Mr P Jeffries, placed 11^th by the judge against the horse CHRISTIAN SPIRIT, driven by Mr M McKendry, placed 3^rd by the judge, on the grounds of interference with approximately 150m to run. Mr McKendry represented the connections of CHRISTIAN SPIRIT and Mr Jeffries represented the connections of BOSS NEW YORK.

Mr Muirhead demonstrated the incident by use of the video film. He said that Mr McKendry drove his horse outwards with approximately 150m to run and his sulky wheel brushed the front leg of BOSS NEW YORK causing that horse to break and lose all chance. He said the protest was based on two grounds, firstly that the chances of BOSS NEW YORK gaining a stake bearing position were affected and secondly that CHRISTIAN SPIRIT gained an advantage over other horses by getting into the clear earlier than what it should have done. Mr Jeffries said there was contact as described by Mr Muirhead but that it was hard to say whether or not his chances of gaining a stake bearing position were affected. Mr McKendry said that Mr Jeffries' horse was hanging and contributed to the incident and that in fact the incident would not have occurred if Mr Jeffries had been able to drive his horse in a straight line.

Decision and Reasons:

The video evidence was very clear cut and confirmed the evidence of Mr Muirhead. Clearly Mr McKendry moved his horse outwards when insufficiently clear of BOSS NEW YORK and caused that horse to break and lose all chance. In addition the video was clear that once CHRISTIAN SPIRIT was into the clear if finished strongly and made up a considerable amount of ground on THEO BOMAC which was placed 4^th by the judge. The margin at the winning post between 3^rd and 4^th was a head. The evidence of Mr Jeffries meant that the first ground of the protest could not succeed ? the committee were not satisfied that the chances of BOSS NEW YORK gaining a stake bearing position were affected, however, the committee was satisfied that CHRISTIAN SPIRIT would not have finished 3^rd if it had not moved outwards when it did. In other words, the committee were satisfied that CHRISTIAN SPIRIT did gain an advantage over THEO BOMAC through breaching rule 869(4). Accordingly, the protest was upheld and CHRISTIAN SPIRIT relegated to 4^th position, and THEO BOMAC promoted to 3^rd.