Ashburton TC – 7 February 2009 –

hearingid: b08dee8b2976f945a2b8b6fea0e3995e

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hearing_racingtype: harness-racing

startdate: 07/02/2009

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hearing_title: Ashburton TC - 7 February 2009 -

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Following the running of Race 9, Mid Canterbury Trotting Owners Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by SMOKE N MIRRORS (D J Dunn), placed 10^th by the judge, against KIWI INGENUITY (R D Holmes), placed 1^st by the judge, on the ground of interference after 200 metres when KIWI INGENUITY “shifted in checking TIME TO FLY (J R Dunn) onto MORTY (M P Jones) onto SMOKE N MIRRORS (D J Dunn)”.

DECISION AND REASONS:

Following the running of Race 9, Mid Canterbury Trotting Owners Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by SMOKE N MIRRORS (D J Dunn), placed 10^th by the judge, against KIWI INGENUITY (R D Holmes), placed 1^st by the judge, on the ground of interference after 200 metres when KIWI INGENUITY “shifted in checking TIME TO FLY (J R Dunn) onto MORTY (M P Jones) onto SMOKE N MIRRORS (D J Dunn)”.

Mr R D Holmes indicated that he was representing the connections of KIWI INGENUITY at the protest hearing. Part-owner, Mr H A Scott, was also present at the hearing.

Rule 869 provides as follows:

(8)     The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

(a)     may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b)     may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-

immediately after any horse from which it may have gained an advantage or whose chances or progress  may have been affected thereby.

Mr McIntyre said that the Stewards were alleging that, after approximately 200 metres of the Race, KIWI INGENUITY shifted in resulting in TIME TO FLY tightening onto MORTY which broke and checked SMOKE N MIRRORS.

Mr J R Dunn said that after approximately 200 metres he had an advantage of a half length over MORTY and was then tightened from the outside, had no room to move and he, in turn, tightened MORTY on his inside. He called to Mr Holmes several times to give him room, he said.

Mr M P Jones said that he had drawn 1 (at the 1609 metres mobile start). He was holding his ground but Mr Dunn on his immediate outside had put a half length on him. Mr Dunn “sat there” and could not get past. Mr Dunn’s sulky wheel got underneath MORTY and made contact with its legs. As a result of the check received, MORTY broke, Mr Jones said.

At this point, Mr McIntyre had Mr S P Renault, Stipendiary Steward, show video replays of the incident. He pointed out MORTY drawn 1, TIME TO FLY in 2 and KIWI INGENUITY in 3 at the mobile dispatch. Mr Dunn was unable to cross Mr Jones. KIWI INGENUITY, 3-wide, placed pressure on TIME TO FLY forcing TIME TO FLY down onto MORTY. The sulky wheel of TIME TO FLY got underneath the stomach of MORTY. SMOKE N MIRRORS, following MORTY, had nowhere to go when MORTY broke and went into a gallop. MORTY lost its position.

Mr D J Dunn said that he was on the second line following Mr Jones. On the first bend, Mr Jones appeared to receive tightening and came back on him. Mr Dunn had to check off him but, in doing so, SMOKE N MIRRORS became unbalanced and galloped. He could see Mr Jones’ horse getting “squeezed up” in front of him but he could not see what had caused it.

Mr Holmes said that he did not hear Mr Dunn call to him. He admitted that his mare had “lugged in” but, at no stage, was there any contact between carts. He used the video to show that he believed that he was clear in the 3-wide line. He alleged that TIME TO FLY had lugged in on MORTY. He said that he could not see where any pressure had come from him onto Mr Dunn.

Mrs K R Wlliams, Stipendiary Steward, made an observation on the video that, while Mr Holmes was ahead of Mr Dunn, the sulky wheels of the two horses were in line.

In conclusion, Mr McIntyre stated that racing to the first bend there was no pressure on KIWI INGENUITY from its outside. He referred to the racing patterns of the horses behind and submitted that the three horses in front were in two spaces. Mr McIntyre alleged that the pressure had come from KIWI INGENUITY. Mr Holmes responded by saying that all three horses had a tendency to lug into the first bend.

The Committee was satisfied, from a consideration of the evidence of the parties including the video evidence, that racing into the first bend after approximately 200 metres KIWI INGENUITY was racing 3-wide and just ahead of TIME TO FLY who was racing outside of and just ahead of MORTY. Mr Holmes progressed forward, in an attempt to cross to the markers, and in doing so allowed KIWI INGENUITY to shift inwards, placing pressure on TIME TO FLY which was forced down onto MORTY as a consequence of that pressure. MORTY went off stride briefly and SMOKE N MIRRORS, which was following MORTY was forced to take evasive action and broke losing considerable ground and, effectively, its chances in the Race were extinguished at that point.

The Committee was satisfied that KIWI INGENUITY significantly interfered with the progress or chance of SMOKE N MIRRORS and, to a lesser extent, MORTY, in the incident after 200 metres of the Race. In addition, the Committee believes that KIWI INGENUITY gained a significant advantage by being able to cross to the markers at an earlier point in the Race than it was legitimately able to do and was, thereafter, able to control the Race and go on to win it.

Accordingly, the protest was upheld and KIWI INGENUITY was relegated from 1^st to 10^th placing. As a consequence of the relegation, the amended placings for the Race are:

1^st    6   Chilli

2^nd   3   Time to Fly

3^rd    7   Albert Patron

4^th  12   Tennis Ball

5^th  11   Veecmee

R G McKenzie

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