Banks Peninsula TC – 27 November 2005 –

hearingid: a585fff8efa6b255bfc5332a34e5c6c2

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hearing_racingtype: harness-racing

startdate: 27/11/2005

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hearing_title: Banks Peninsula TC - 27 November 2005 -

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Following the running of Race 10, Morrison's Saddlery Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KHAWYN (R P Nyhan), placed 2^nd by the judge

Following the running of Race 10, Morrison's Saddlery Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KHAWYN (R P Nyhan), placed 2^nd by the judge, on the grounds of interference to TINTABELLA (M P Jones) over the final stages.

Mr B R Gliddon, trainer of KHAWYN, represented the connections of that horse at the hearing of the information. Mr R P Nyhan was also present.

Mr M P Jones stated that he had been following SHE?S A GAMBLE (R D Holmes). About three-quarters of the way up the straight he came off Mr Holmes' back. When he did so, Mr Nyhan was "a wee way in" looking for a gap and, when Mr Nyhan came out, he came out sharply on him, Mr Jones said. Mr Jones said that he had STORM CHASER (P J Davis) on his outside. Mr Jones said that he had just started to make his run and was progressing forward.

Mrs K R Williams, Stipendiary Steward, showed the incident on side-on and head-on video replays. She pointed out Mr Nyhan come out and put pressure on Mr Jones' horse which "went rough for a few strides" and lost ground. Mr Nyhan had been looking for a run outside SHE?S A GAMBLE. The wheels of his sulky made contact.

Mr Jones, in response to a question from the Committee, stated that the chances of his horse had been affected by the interference and it had run on well after suffering the interference which was clear from the videos, he said.

Mr Gliddon that Mr Jones had not given Mr Nyhan any room and that Mr Jones' horse had been "lugging in a wee bit". Mr Gliddon said that KHAWYN was full of running and hard hardly touched TINTABELLA. Mr Jones said that he had come off the back of SHE?S A GAMBLE and was entitled to keep his line.

Mr Nyhan submitted that, if TINTABELLA had been travelling well enough, there would not have been room for him to come out. TINTABELLA would have been up outside the wheel of SHE?S A GAMBLE. He submitted that there was a gap for him to improve into. Mr McIntyre said that slow and gradual movements were permissible by Mr Nyhan's movement "had gone too far". The wheel of Mr Nyhan's sulky had gone right under the stomach of TINTABELLA.

The Committee was satisfied that Mr Nyhan did move out some 100 metres from the finish and take the line to which Mr Jones on TINTABELLA was rightly entitled and, in doing so, he made contact with and interfered with TINTABELLA causing that horse to break briefly and lose ground. The Committee believed, from the evidence of Mr Jones and from its own observations of the videos, that the chances or progress of TINTABELLA were affected. In those circumstances, the Committee had a discretion as to whether or not to relegate KHAWYN and, in this particular case, the Committee decided to exercise its discretion and relegate KHAWYN because the chances or progress of TINTABELLA were affected at a material stage of the race, just as it was coming into the race. It was clear from Mr Jones' evidence and from the videos that, from the point of the interference, TINTABELLA did make considerable ground again and it is clear that its chances or progress were significantly affected.

Accordingly, the protest was upheld and KHAWYN was relegated to 7^th placing. Consequent upon the relegation, the amended placings for the race are as follows:

1^st 7 She's A Gamble

2^nd 8 Quick Atom

3^rd 6 Franco Nightrider

4^th 1 Ash McReilly

5^th 9 Mustering Man

It is ordered that dividends and stakes be paid accordingly.

JUDICIAL COMMITTEE

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