NZ Metro TC – 10 November 2009 –

hearingid: c083be84bb5ebce9679a71d0183e6813

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hearing_racingtype: harness-racing

startdate: 10/11/2009

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hearing_title: NZ Metro TC - 10 November 2009 -

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Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against KARLOO MICK (G Bennett), placed 6th by the judge, on the grounds of interference to BETTOR’S STRIKE and KIWI INGENUITY in that “with approximately 150 metres to run KARLOO MICK shifted out onto BETTOR’S STRIKE (D J Dunn) which in turn checked KIWI INGENUITY (R D Holmes) resulting in this mare losing several lengths”. 
 

Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against KARLOO MICK (G Bennett), placed 6th by the judge, on the grounds of interference to BETTOR’S STRIKE and KIWI INGENUITY in that “with approximately 150 metres to run KARLOO MICK shifted out onto BETTOR’S STRIKE (D J Dunn) which in turn checked KIWI INGENUITY (R D Holmes) resulting in this mare losing several lengths”.
 
Mr B J Lew, part-owner and trainer of KARLOO MICK and driver, Mr G Bennett, were present at the hearing of the information.

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.

Paragraph 7 of the Regulations provides:
Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

Mr Escott had Mrs K R Williams, Stipendiary Steward, show video replays from three angles of the final 300 metres of the Race. She said that, entering the home straight, KARLOO MICK was in the parked position. Immediately behind it was BETTOR’S STRIKE (D J Dunn) and outside it was KIWI INGENUITY (R D Holmes). Mr Dunn was looking for a run outside KARLOO MICK and a gap was available. However, KARLOO MICK gradually shifted ground outwards and forced BETTOR’S STRIKE out onto KIWI INGENUITY, which had to be restrained and lost momentum. Mr Bennett was too late in straightening KARLOO MICK, Mrs Williams alleged. BETTOR’S STRIKE had finished 2nd, KARLOO MICK 6th and KIWI INGENUITY 7th. The Stewards were alleging interference by the 6th horse to the 7th horse.

Mr D J Dunn stated that he had gone for a gap that was available at about the 200 metres when there was pressure from KARLOO MICK on his inside, which pressure forced his horse out onto KIWI INGENUITY. He believed that his cart may have touched the leg of KIWI INGENUITY. There was no contact by KARLOO MICK to BETTOR’S STRIKE, Mr Dunn said.

Mr R D Holmes stated that Mr Dunn moved off the fence and had come out and had made contact with the leg of KIWI INGENUITY. Mr Holmes said that, looking at the video, the movement had come from KARLOO MICK. There was no pressure on KARLOO MICK from his inside. Mr Holmes said that his mare had “levelled out” at that stage of the Race. His progress was impeded “only slightly”. In response to a question from the Chairman, Mr Holmes said that he did not believe his mare would have finished in a higher placing but for the interference. He had received a slight check and the mare had “gone rough” but did not gallop. He said that he would not have beaten KARLOO MICK. Mr Escott said that the margin between 6th and 7th was over 2 lengths. This was significant, Mr Holmes said. 

Mr Lew conceded that KARLOO MICK had “ducked up” under pressure. He wears a lugging pole on the outside for when he gets tired. Mr Lew would not agree there had been interference but said it was “tight racing”. When it got tight, Mr Bennett had tried to pull the horse off.

Mr Bennett also agreed that the horse had got up the track and had caused KIWI INGENUITY slight interference but he did not know whether that horse would have beaten KARLOO MICK home. KIWI INGENUITY was just “battling away” at the time.

The Committee was satisfied on the evidence that it had seen and heard that KIWI INGENUITY had, in fact, received interference with about 150 metres to race when KARLOO MICK had shifted outwards and had dictated the line of BETTOR’S STRIKE, forcing that horse to contact the leg of KIWI INGENUITY with resultant interference. That interference was caused by KARLOO MICK. Having found that, the essential question for the Committee in determining this protest was whether KIWI INGENUITY, placed 6th, would have beaten KARLOO MICK, placed 7th. In answering this question, the significant evidence was from Mr Holmes who, in response to that precise question, replied that he would not have. That statement by Mr Holmes was compelling. The Committee agrees, based on its own observation of the video replays. It was also significant that the margin between 6th and 7th, at the finish, was more than 2 lengths. The Committee, therefore, was satisfied that the chances or progress of KIWI INGENUITY were not affected.

Accordingly, the protest was dismissed and the Committee ordered that the judge’s placings for the Race should stand.

R G McKenzie              J M Phelan
CHAIR                           Committee Member
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hearing_type: Old Hearing

Rules: 869.7

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