Hawkes Bay RI – 19 October 2006 –

hearingid: fafeff0220576b94b3bb5d33f95e8f14

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hearing_racingtype: harness-racing

startdate: 19/10/2006

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hearing_title: Hawkes Bay RI - 19 October 2006 -

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Following the running of Race 5 The Harrison Nurseries Sprint at Hastings a protest was lodged under Rule 876 (i) by jockey Ms K. Hercock, the rider of DISCOVERY BAY, provisionally placed 4^th by the judge, alleging interference by the provisional winner STOLEN THUNDER in the home straight.

Following the running of Race 5 The Harrison Nurseries Sprint at Hastings a protest was lodged under Rule 876 (i) by jockey Ms K. Hercock, the rider of DISCOVERY BAY, provisionally placed 4^th by the judge, alleging interference by the provisional winner STOLEN THUNDER in the home straight.

The provisional placings were 11 - 5 - 9 - 1 - 8 - 6, the margins were one length - nose - long neck - 1 ? lengths. All connections were notified prior to the commencement of the enquiry.

Miss Hercock, using the available films, told the committee that she was two horses wide coming around the bend. The two horses racing in front of her split and STOLEN THUNDER comes across the heels of another horse and makes contact with her mount as he goes for the gap. She told the committee her horse suffered a severe bump and was lucky not to have fallen. A little further on the horse on her inside caused contact to be made to her mount by the interference of C. Ormsby's mount a second time.

Mr. C. Ormsby using the films told the committee he angled out and went for the same gap. His horse was traveling well and he was riding competitively. Miss Hercocks mount, he said, was tiring.

Mr. Scott told the committee it was the horses first start, he raced at the back and it was a competitive ride.

Mr. Hennesey reiterated Miss Hercocks comments, that she was lucky her mount didn?t fall. We were horse racing out there, not dodgems, he said.

Mr. Goodwin, Stipendiary Steward, under the rules, informed the committee he believed it was not competitive riding. Miss Hercocks mount was pushed sideways and he believed its chances of finishing in a higher position were effected.

Rule 876 (1) requires the committee to ask first whether interference occurred and then if so, whether that interference has cost the horse interfered with a chance of finishing in a better placing. In our view, the evidence is clear. Miss Hercocks mount was entitled to be where it was. Mr. Ormsby angled his mount outwards and went for the gap totally oblivious of the position of other horses at that point. Contact was made and Miss Hercocks mount was knocked off stride and lost valuable ground.

In terms of the rules, the committee have discretion in relation to placings. Having regard to the point in the race the interference occurred and the degree of contact (the films clearly showed Miss Hercocks mount being shunted sideways), and the margins between Miss Hercocks mount and the horses provisionally placed in front of her, the committee resolved to exercising their discretion in favour of changing the placings. Accordingly the placings now read:

1^{st ?} No. 5 NOBILLY BORN

2^{nd -} No. 9 MALOUSHE

3^rd - No. 1 DISCOVERY BAY

4^th - No.11 STOLEN THUNDER

5^{th -} No. 8

6^th - No. 6

T. W. Castles

Chairman

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hearing_type: Old Hearing

Rules: 876.1, 876.i

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