Kumeu TC – 16 March 2005 –

This is a protest by Phillip Jeffries driver of EDEN SPEED placed 4^th by the Judge against MISS ABIGAIL driven by Anthony Butt placed 3^rd alleging a breach of Rule 869(4) in that EDEN SPEED was impeded racing on the first bend just after the start. The margin between 3^rd and 4^th placing was a neck. The connections of MISS ABIGAIL were represented by Mr Colin Butler and Mr Colin Briskie trainer of EDEN SPEED was also present.

Mr Jeffries confirmed that shortly after the start Mr Butt had come across just after the turn causing him to take hold and restrain EDEN SPEED. As a result he had lost ground and that had prevented him from remaining in his preferred position in the trail and given the margin of a neck at the finish he believed it had affected his chances of a better placing. Mr Butler questioned why he had not kept on the leader because he had believed he had allowed Mr Butt to take his position and Mr Jeffries said because of the standing start it was not possible for him to improve from there when Mr Butt came across and the only thing he could do was restrain EDEN SPEED. It would have been better had Mr Butt given him more room but he doubted there was room for him to do so. Mr Muirhead asked Mr Jeffries if he was going well enough to move up on to the leader had Mr Butt not come across and he said yes.

Mr C. Briskie trainer of EDEN SPEED confirmed that Mr Jeffries had been forced to restrain. Mr Butler insisted that Mr Jeffries and EDEN SPEED were simply not going well enough to hold their position and MISS ABIGAIL was always doing better.

The Committee, after considering the evidence and viewing the video, is satisfied that Mr Butt has moved MISS ABIGAIL across when insufficiently clear and Mr Jeffries has been obliged to restrain EDEN SPEED. On the other hand, given that the incident occurred at the start of the race and despite the margin of a neck at the finish, it is satisfied there was ample opportunity for Mr Jeffries to improve during the race to overcome the check which occurred. This raises a doubt as to whether his chances of finishing in a better position were affected and in those circumstances the benefit of the doubt must be given to MISS ABIGAIL. Accordingly the protest is dismissed and the placings stand.