NZ Metro TC – 14 July 2006 –

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startdate: 14/07/2006

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hearing_title: NZ Metro TC - 14 July 2006 -

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Following the running of the 1^st Non Tote race, Australasian Breeders Crown 2YO Fillies Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against SCOTLYNN JANE (M P Jones), placed 1^st by the judge

Following the running of the 1^st Non Tote race, Australasian Breeders Crown 2YO Fillies Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against SCOTLYNN JANE (M P Jones), placed 1^st by the judge, on the grounds of interference to DONTDRINKTHENDRIVE (R T May), placed 2^nd by the judge, in the run home.

Present at the hearing were Mr Jones, Mrs L J Taylor (owner of SCOTLYNN JANE), Mr May and Mr C T Dalgety (trainer of DONTDRINKTHENDRIVE).

Mr May said that he had followed Mr Jones into the home straight and had intended to sit there as long as he could, his filly being a "sit and sprint" type. When he came out, he said, Mr Jones' horse came out with him. He was not sure how far out it had come. When asked by Mr McIntyre, Mr May confirmed that he was approximately one cart off the fence following Mr Jones when turning for home.

Mr McIntyre showed video replays of the run home. He alleged that Mr Jones had been one cart off the fence turning for home. When he reached down to remove the earplugs, the horse drifted out. However, Mr Jones continued to slap the horse all the way to the post, finishing some five cart widths wider on the track from where he had entered the straight.

Mr May acknowledged that Mr Jones had come out but the question was would he have beaten Mr Jones, he said. Mr May was informed that the official margin between 1^st and 2^nd at the finish was a short head. Mr May said that he thought, 75 metres out, that he would win but SCOTLYNN JANE had fought back. He said that Mr Jones had done his best to keep the horse on a straight course but the horse clearly did not keep a straight course. Mr Jones had not "turned the stick around" but had continued to hit his filly with the reins.

Mr McIntyre, in answer to a question from Mr Jones, agreed that at no stage did Mr May have to stop driving his horse out. Mr May stated that his progress had not been impeded. It had cost him a cart width when he came out. He had opted to come on the outside rather than the inside of the leader. Mr May confirmed that there had been no contact.

Mr May further stated that his filly had its chance to win but could not even though the margin was closer than he thought. Mr Jones filly was able to hold him out, he said.

Mr Dalgety said that it was difficult to say whether the chances of DONTDRINKTHENDRIVE had been affected. It looked like it was going to win but it appeared the best horse won.

Mr Jones said that, when he came out, Mr May was also on a movement out. Mr May had his chance to get past but could not. Furthermore, there had been no contact, he said. He had stopped driving his filly near the finishing line, Mr Jones said.

Following a deliberation, the Committee delivered the following oral decision:

"The Committee has listened to the evidence of both parties and has carefully viewed the video replays of the final 200 metres of the race. It is clear that there was an outward movement by SCOTLYNN JANE over the final 200 metres of the race and that DONTDRINKTHENDRIVE was forced wider on the track by that outward movement. We are of the view that, as a result of the outward movement by SCOTLYNN JANE, there was interference to DONTDRINKTHENDRIVE. Having found that, we must then consider whether the progress or chance of DONTDRINKTHENDRIVE was affected. In considering this, we took into account, in particular, the evidence of Mr May who was not prepared to say that the chances of his filly were affected, notwithstanding that the margin between 1^st and 2^nd at the finish was a short head. It was our observation that Mr May was able to continue to drive his filly and, also, that over the final 50 metres had the opportunity to get past SCOTLYNN JANE but could not do so despite the urgings of Mr May. In effect, DONTDRINKTHENDRIVE had every opportunity to win the race. We are therefore not satisfied that the progress or chance of DONTDRINKTHENDRIVE was interfered with and, accordingly, the protest is dismissed and the placings for the race stand."

R G McKenzie

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