hearingid: ab56174628ee369b8e0a51bdcf30f9ee

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hearing_racingtype: harness-racing

startdate: 18/12/2007

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decisiondate: no date provided

hearing_title: Kumeu TC - 18 December 2007 -

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An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead on behalf of PARFAIT INVASION driven by Mr B Lee, placed 3^rd, against STRAPLESS driven by Mr T Milina, placed 2^nd, on the basis that STRAPLESS was in breach of Clause 4 of the Passing Lane Regulations and in so doing prevented PARFAIT INVASION having full access to the passing lane and thereby affected the chances of PARFAIT INVASION gaining a higher placing.

Mr Milina, part owner/trainer and driver of STRAPLESS represented the connections of that horse and Mr D Gibbons, trainer of PARFAIT INVASION represented the connections of that horse.  Mr Milina contested the protest.  The margin between 2^nd and 3^rd was one and a quarter lengths.  Mr Muirhead demonstrated the incident by use of the video film.  Shortly after entering the home straight STRAPLESS which was leading, moved inwards into the passing lane.  PARFAIT INVASION was trailing STRAPLESS and moved inwards behind STRAPLESS and then had to be restrained.  Mr Muirhead said the inward movement of STRAPLESS affected the chances of PARFAIT INVASION.  Mr Lee said he had to check his horse, it lost momentum, he then had to balance the horse and he was sure his chances of getting a higher placing were affected.  Mr Gibbons said PARFAIT INVASION was a big mare that took time to get wound up.  He also pointed to how long it took Mr Lee to get the horse’s head straight.  He said but for the interference the horse could possibly have won.  Mr Milina acknowledged STRAPLESS moved into the passing lane and also that PARFAIT INVASION lost a bit of momentum but he felt that STRAPLESS had maintained its position.

DECISION & REASON

STRAPLESS moved into the passing lane in breach of the Passing Lane Regulations and was thus in breach of Rule 869 (4).  This inward movement caused interference to PARFAIT INVASION which was checked and lost about one and a half lengths but more importantly lost momentum.  In addition, it took until about 50 m from the finishing line for Mr Lee to balance PARFAIT INVASION.  The horse then finished strongly.  I am satisfied that but for the interference PARFAIT INVASION would have finished at least 2^nd.  The protest is upheld, STRAPLESS is relegated to 3^rd and PARFAIT INVASION promoted to 2^nd.

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.4

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