Morrinsville TC – 16 January 2005 – Race 8

Following the running of race 8 information instigating a protest was lodged by Mr T W

Taumanu Stipendiary Steward. This was a protest by horse Number 11( Keri's Reward Mr R.J Brosnan) placed 7^th by the judge against horse number 7 (Sir Alistair Mr D J Butcher placed 1^st by the judge. The relevant rule is 869 and its sub-clauses.

The Judges palcings at the finish of this race were 1^st No 7 , 2^nd No 5, 3^rd No 8, 4^th no 12, 5^th No 10, 6^th No 14.

It was alleged that Sir Alistair broke going over the crossing and came back onto Keri'sReward causing interference to Keri's Reward. Keri's Reward losing approximately 5 lengths in this incident.

Present at the hearing were Mr D J Butcher, Mr Small the trainer of Sir Alistair and Mr R J Brosnan the trainer /driver of Keri's Reward.

Mr Taumanu showed the video of the alleged incident which happened as the field went over the second crossing at or about with 1400 meters left to run Mr Muirhead identified the relevant horses.

The video showed Sir Alistair racing in the one wide line with Mr Brosnan's drive Keri's Reward on his inside, as the field went over the crossing Sir Alistair broke from it's gait and it was alleged to have come back and interfered with Keri's Reward. Mr Brosnan when called to give his evidence stated that to be fair his horse Keri's Reward had contributed to this incident. Mr Brosnan stated his horse did not handle the crossing at all well and although he had been checked by Sir Alistair his horse paced roughly over this crossing, Mr Brosnan said it was 50/50 weather it was Sir Alsitair or the actions of his own horse which caused this incident at this crossing. Mr Brosnan stated that the crossing had contributed to this incident.

Mr D J Butcher gave evidence and said that yes Sir Alsitair had broken over the crossing, he estimated that he had lost 5 length's, was behind Keri's Reward and had got his horse pacing and came on and won the race.

When questioned by the chairman Mr Butcher acknowledged that when Sir Alistair broke going over the crossing his horse had interfered with Keri's Reward however he also acknowledged that Keri's Reward had not paced well over this crossing.

Having heard from all parties concerned and viewed the video of this incident it is my finding that interference did take place when the field went over the crossing with 1400 meters to run.

I find that there were contributing factors by both Sir Alistair and Keri's Reward.

Mr Brosnan stated his horse was not handling this crossing at all well and had paced roughly over the crossing, Mr Brosnan stated it was 50/50.

Rule 1003 gives Judicial Committee's a discretion and in this instance my finding is that there were contributing factors from both Sir Alistair and Keri's Reward when both of these two horses paced over the crossing at or about with 1400 meters to run.

I therefore exercise my discretion and order that the judges places stand.