Akaroa TC – 17 April 2005 – Race 2

Following the running of Race 2, Mitchell Bros/Veterinary Surgeons & Kevin James Wool Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against GEEKY LOOKING (D D Nyhan), placed 3^rd by the judge, on the ground of breaking from its gait in that it "broke over the concluding stages and was lapped on by LINDYLU (M P Edmonds)".

Mr Nyhan represented the connections of GEEKY LOOKING. Mr Edmonds was also present at the hearing.

A photo finish of the race was produced during the course of the hearing which showed that GEEKY LOOKING was, in fact, lapped on by the 4^th and 5^th horses (LINDYLU and COUNTESS JILL). The information was amended accordingly.

Mr McIntyre alleged that GEEKY LOOKING had broken "over the last couple of strides". He had Mr S T Larkins show the finish of the race on head-on and side-on video replays. He pointed out GEEKY LOOKING, in the trailing position with LINDYLU on its outside, go into a gallop close to the finish and gallop across the finishing line. As stated above, GEEKY LOOKING was lapped on by the 4^th and 5^th placed runners.

Mr Nyhan alleged that GEEKY LOOKING had been crowded by LINDYLU hanging in for over 60 metres. GEEKY LOOKING hooked a stay with LINDYLU and this was the reason for its breaking. It was not of his own horse's doing that it broke, Mr Nyhan alleged.

Mr Larkins conceded that there had been no movement from GEEKY LOOKING but that LINDYLU had shifted ground inwards towards GEEKY LOOKING. Mr Edmonds had moved from a 3-wide position to a 2-wide position over the concluding stages. The lead horse had shifted ground inwards. LINDYLU had been on the back of the leader and it was a natural inclination for it to follow the lead horse, Mr Larkins stated.

Mr Nyhan asked Mr Edmonds to confirm that the stays of the two horses were hard together at the time when GEEKY LOOKING broke. Mr Edmonds stated that he himself had been forced down. When asked by McIntyre, Mr Edmonds confirmed that GEEKY LOOKING had broken when the sulkies contacted. In response to a question from the Committee, Mr Edmonds conceded that pressure from LINDYLU on GEEKY LOOKING may have contributed to the latter's breaking.

The Committee was satisfied that GEEKY LOOKING was not in its correct gait when its nose reached the finishing line and that it was lapped on by the 4^th and 5^th placed runners. Mr Nyhan admitted that this was the case. However, Rule 870 (5) provides that the Committee has a discretion whether or not to relegate where a horse is not in its correct gait as a result of interference to it. The Committee was satisfied that, in this case, it did have such a discretion as, on the evidence presented to it, the breaking of GEEKY LOOKING appeared to be the result of pressure exerted on it by LINDYLU on its outside moving ground inwards over the concluding stages of the race as a result of which GEEKY LOOKING was tightened. The inwards movement of LINDYLU was apparent from the head-on video replay and was confirmed by Mr Edmonds. In exercising its discretion, the Committee had regard, in particular, to the fact that GEEKY LOOKING broke only 2-3 strides from the finishing line and that, but for the pressure exerted on it by LINDYLU, it would most likely have beaten that runner in any event. Neither did GEEKY LOOKING gain any advantage as a result of breaking, in the Committee's opinion. The margin between 3^rd and 4^th was ? head and the margin to the 5^th horse was 1.1 metre.

The Committee exercised its discretion not to relegate GEEKY LOOKING under the lapped on rule and, accordingly, the protest was dismissed. The judge's placings for the race stand.

JUDICIAL COMMITTEE