Canterbury JC – 28 May 2005 –

Following the running of the 8^th Race at the Canterbury Jockey Club's meeting on 28^th May 2005, a protest was lodged by Mr SC Ching alleging that "Bon Appetit" placed 3^rd by the judge had interfered with the chances of "Penny Rose", placed 4^th by the judge, in the concluding stages of the race. The margin between 3^rd and 4^{th was ?} a length. Mr Ching alleged that there were two instances of interference, namely with approximately 3-400 metres to run and in the last 100 metres. Mr Ching showed video evidence from the 600-metre camera, and from the side-on and head-on cameras. The first incident at the head of the straight showed Mr Bothamley's mount rolling inwards with contact being made with "Penny Rose". The second incident occurred when the field had approximately 100 metres to run. Mr Bothamley's mount moved inwards when under the whip on to "Penny Rose" again. As a result of the inwards movement when contact was again made, Ms Hayston had to "stop riding". Furthermore, Mr Ching alleged that it was clear that "Bon Appetit" dictated the line of "Penny Rose" in the run for the finishing line.

Ms Hayston alleged that the interference caused her to be moved about 4 horse widths across, and that on a heavy track the effect of the interference was significant. Mrs Parsons, a co-trainer of "Penny Rose" confirmed what Ms Hayston had alleged and drew to the committee's attention the fact that "Penny Rose" had been shifted into the heavy going.

Mr Bothamley, in response stated that when his horse "rolled in", that he put his whip away.

A preliminary decision was given. The protest was upheld and the placings amended accordingly. All participants were informed that our decision could be viewed on the JCA" s website

This committee was satisfied that interference took place as alleged by Mr Ching. The most significant interference took place in the final 100 metres of the race, when "Bon Appetit" was under the whip. The inwards movement was quite significant and we are in no doubt that "Penny Rose" was shifted some 3 or 4 horse widths of the line that it was entitled to take. Ms Hayston undoubtedly had to take hold of her mount and to "stop riding". We accept that in the heavy track conditions that as a consequence, the chances of "Penny Rose" finishing in a better place were affected. The fact that Mr Bothamley put his whip away when the inwards movement was happening did nothing to dissuade us otherwise. We accept Ms Hayston's evidence that the effect of the interference on a heavy track was significant, and that the chances of her horse recovering were minimal.

Having made a positive finding that interference took place, and also finding that as a consequence that the chances of "Penny Rose" finishing in a better place were affected, that committee is in no doubt that our discretion should be exercised in favour of "Penny Rose".

The protest is upheld and the placings are amended accordingly.

The amended placings are:

1^st "Noir D?Ore

2^nd "Eskander"

3^rd "Penny Rose"

4^th "Bon Appetit"

5^th "Fly The Coop"

6^th "Call Me"