Manawatu HRC – 20 February 2005 –

Following the running of the Skywards Duty Free Mobile Pace Mr T. Taumanu, Stipendiary Steward, lodged a protest against the winner, LOGDON (S. Butcher) on the grounds of interference shortly after the start to ADVANCE ROCK (P Ferguson) which finished sixth.

Although the siren sounded as the horses pulled up, the inquiry did not commence until some ten minutes later due to efforts to assemble the affected parties and witnesses. In the absence of LOGDON's trainer, Mr Cambie, Mr T Shaw appeared at the hearing with Mr Butcher representing the connections of LOGDON.

Mr Taumanu used the side and rear films to show that in the early rush for positions ADVANCE ROCK was working into a gap on the fence inside of NULLI SECUNDUS (C. Harris) with LOGDON moving around their outside three out. LOGDON moved to cross NULLI SECUNDUS at which point ADVANCE ROCK ran out of room and broke losing considerable ground.

Mr Taumanu submitted that Mr Butcher had put pressure on NULLI SECUNDUS which in turn had squeezed up ADVANCE ROCK to a point where the latter went off stride.

Mr Harris gave evidence which in large part supported Mr Taumanu's assertion. He was firm in the view that he was dictated to by LOGDON and because of that could offer no relief to ADVANCE ROCK.

Mr Ferguson asserted his right to his line of running and attributed the breaking of his horse to the actions of the horses on his outer. Initially quite uncertain as to the horse at fault under skilful and persistent questioning from Mr Shaw he levelled responsibility at Mr Harris primarily it seemed because ADVANCE ROCK appeared from the side on film to have galloped after LOGDON had crossed NULLI SECUNDUS.

Mr Butcher and Mr Shaw submitted with some vigour that LOGDON had crossed NULLI SECUNDUS prior to ADVANCE ROCK breaking and that Mr Butcher's efforts to pull LOGDON off NULLI SECUNDUS were his response to Mr Ferguson's calls for the pressure to be relieved.

Mr Shaw is to be commended for the skilful manner in which he represented the interests of LOGDON.

The Committee considered carefully the submissions put to it and while noting the variance in views expressed to it finds that the most telling insight is offered by the rear film of the incident. This in the Committee's view clearly shows ADVANCE ROCK moving inside NULLI SECUNDUS while LOGDON dictates NULLI SECUNDUS inwards before kicking on at the point ADVANCE ROCK begins to pace unevenly and eventually break. The Committee is clear in its view that the interference suffered was solely the result of LOGDON moving inwards and putting pressure on NULLI SECUNDUS which in turn eventually closed out the running line of ADVANCE ROCK.

The Committee notes the observation that LOGDON may have crossed NULLI SECUNDUS before ADVANCE ROCK broke but the circumstances giving rise to the break had been irretrievably set up by Mr Butcher's actions before that point and therefore little weight is given to that contention.

Turning to the question of relegation the Committee notes the significant interference caused ADVANCE ROCK. In its view a fall was narrowly averted. The Committee cannot ignore the obviously greater effects and consequences of this degree of interference when occurring in a race over the shorter distance which at 2000 metres this event was. ADVANCE ROCK not only lost considerable ground at a tactically crucial point of the race but was also left at the rear of the main body of the field once back in its gait. ADVANCE ROCK recovered to finish sixth. Against that the Committee notes the incident occurred early in the race and LOGDON won by several lengths. A Committee will always be circumspect about relegation when interference occurs early in a race but weighing carefully all the matters referred to the Committee finds that LOGDON significantly effected the progress of ADVANCE ROCK through the interference and the significance of that interference, notwithstanding the point of the race at which it occurred, had a material effect on the chances of ADVANCE ROCK and the eventual outcome of the race.

Taking those factors into account the Committee directs pursuant to rule 920 that LOGDON be relegated behind ADVANCE ROCK to sixth and that the dividends and stakes be paid in accordance with the following placings

1^st AWAKITE KIM (1)

2^nd DEL KATEA (10)

3^rd DEPEEBEE (12)

4^th HELAMAN (11)