Akaroa TC – 9 April 2006 –

hearingid: e116fc02d38fd2b8f85df366b89ad2bb

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hearing_racingtype: harness-racing

startdate: 09/04/2006

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hearing_title: Akaroa TC - 9 April 2006 -

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DECISION AND REASONS:

Following the running of Race 3, Flair Fillies & Mares Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against AFTER MIDNIGHT (R B Ward), placed 3^rd by the judge, on the grounds of interference to SCHERGER REIN (R D Holmes), placed 9^th by the judge, and JAYDEN?S LADY (J F Curtin), placed 8^th by the judge, in that ?AFTER MIDNIGHT shifted out with approximately 200 metres to run checking JAYDEN?S LADY  onto SCHERGER REIN locking wheels'.

Mr R B Ward, part-owner, trainer and driver of AFTER MIDNIGHT, was present at the hearing of the information.

Mr J F Curtin said that he was ?on the wheel? of AFTER MIDNIGHT when Mr Ward came out with approximately 200 metres to run. Mr Curtin said that he had to check and, as a result, had checked Mr Holmes. Mr Curtin said that he had anticipated that Mr Ward was going to come out but the final movement was ?quite sharp?.

Mr R D Holmes said that he agreed with what Mr Curtin had said. He said that he had room but the gap closed ?all of a sudden? when Mr Curtin's horse came out and he locked wheels with Mr Curtin. Mr Holmes said that his horse broke as a result. It had been running on strongly until it locked wheels and broke. It had been ?pacing fine? at the time.

 Mr N G McIntyre, Stipendiary Steward, showed video replays of the final 200 metres of the

race. He pointed out AFTER MIDNIGHT racing in the trail with JAYDEN?S LADY outside its wheel and SCHERGER REIN outside JAYDEN?S LADY. He showed Mr Ward shift across the back of the leader and Mr Curtin had to take hold of his horse. SCHERGER REIN broke when JAYDEN?S LADY was forced out onto it.

Mr Ward put it to Mr Curtin that there had been sufficient room for AFTER MIDNIGHT to come out. Mr Curtin replied that, if he had not restrained his horse at that point, it would have struck the wheel of AFTER MIDNIGHT. Mr Curtin acknowledged that his horse was tiring but was ?entitled to keep its feet?, he said.

Mr Holmes said that his horse did not gallop until after locking wheels with Mr Curtin's horse. Mr Holmes said that the locking wheels would have been avoidable if Mr Ward had waited longer before coming out. Mr Curtin had to ?go sideways' to avoid Mr Ward coming out. Mr Holmes denied, when asked by Mr Ward, that Mr Ward was clear of Mr Curtin when he came out. It was apparent from the video that Mr Ward was not clear, he said.

After a consideration of all of the evidence, including the video replays, the Committee was satisfied that there was interference caused by AFTER MIDNIGHT to JAYDEN?S LADY when AFTER MIDNIGHT shifted out with approximately 200 metres to run. The evidence of Messrs Curtin and Holmes, two very experienced drivers, was particularly compelling. JAYDEN?S LADY had been outside the wheel of AFTER MIDNIGHT at that point and was entitled to maintain its line. When AFTER MIDNIGHT shifted out, it was not sufficiently clear of JAYDEN?S LADY and, as a result of its quite sudden outward movement, Mr Curtin had to take evasive action and, in doing so, shifted out onto SCHERGER REIN, locking wheels with that runner and causing it to break, losing its chance. The Committee was further satisfied that the progress or chances of both JAYDEN?S LADY and, particularly, SCHERGER REIN were affected as a result of that interference. In exercising its discretion to relegate AFTER MIDNIGHT from 3^rd placing, the Committee took into account the severity of the interference caused to the two runners, the fact that it took place inside the critical final 200 metres of the race and that the chances of SCHERGER REIN were, effectively, extinguished.

Accordingly, the protest was upheld and AFTER MIDNIGHT was relegated from 3^rd to 9^th placing. Consequent upon that relegation, the amended placings for the race are as follows:

1^st     2         Diamond Bright

2^nd     9         Badland's Legend

3^rd    13         Holmetown Sal

4^th     7         Styx Pearl

5^th    14         Royella Dream

JUDICIAL COMMITTEE

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