Manawatu RC – 26 December 2005 –

hearingid: 365ee2fd055c129f635092e6e08238ef

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hearing_racingtype: thoroughbred-racing

startdate: 26/12/2005

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decisiondate: no date provided

hearing_title: Manawatu RC - 26 December 2005 -

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Following the running of Race 4, Mr L.N.McCutcheon lodged an information instigating a protest pursuant to the Rules of Racing alleging that Bahhzaar or its rider placed first by the Judge interfered with Footy Star placed second by the Judge

Following the running of Race 4, Mr L.N.McCutcheon lodged an information instigating a protest pursuant to the Rules of Racing alleging that Bahhzaar or its rider placed first by the Judge interfered with Footy Star placed second by the Judge ? the interference occurred in the home straight.

The Judge's placings were, first No.1 Bahhzaar, second No.8 Footy Star, third No.11 Waitaha Tane, and fourth No.10 Grant.

The margin was a neck between first and second.

The information was filed with the registrar within the time prescribed.

Present during the hearing were Mr Stam, the rider of Bahhzaar, Mr Oulaghan, the trainer of Bahhzaar, Mr W.Duncan, the owner of Bahhzaar, Ms K.Myers, the rider of Footy Star and Mr S.Marsh, the trainer of Footy Star.

Mr McCutcheon showed films from three different angles of the final run down the home straight. He identified Mr Stam riding Bahhzaar with Ms Myers riding Footy Star racing on the outside of Mr Stam. He pointed out how Mr Stam had hit Footy Star across the head with his whip not less than seven times during the run home.

Ms Myers said that as she rounded the corner for home she came up on the outside of Mr Stam and was traveling well. She said that Mr Stam proceeded to hit her horse over the head several times, which affected him, as he didn?t want to go past Bahhzaar. Ms Myers told the committee that the hits were hard. She concluded by saying that her horse came back at the finish once Mr Stam's horse moved inwards away from her.

Mr Marsh submitted that the films were clear cut and showed that once Mr Stam moved over to the rail near the finish Footy Star finished on strongly and was only beaten by a neck.

Mr Stam said that Ms Myers was racing very close to him and he had accidentally struck her horse over the head.

Mr Oulaghan said that his horse, Bahhzaar, was traveling better at the finish and that he did not think that Footy Star had been affected by the hitting.

Mr Duncan, the owner of Bahhzaar questioned whether a horse hit several times over the head would have moved outwards or reacted more than what Footy Star had. Mr McCutcheon replied that different horses reacted in different ways.

Rule 876(1) requires us 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 position.

We are satisfied having viewed the films and listening to the evidence that interference, in the manner of being hit with the whip, has occurred.

Ms Myers stated that Footy Star was stopped in its tracks by the actions of Mr Stam hitting it across the head and as a consequence it would not go past Bahhzaar. She went on to say that once the horses were racing apart, and the hitting stopped, Footy Star finished on strongly. For these reasons it was our opinion that the chances of Footy Star were interfered with.

In terms of the rules we have a discretion in relation to the placings. We have taken into account the nature of the interference, including the number of times that Footy Star has been struck about the head, the critical stage of the race that it occurred and the margin of a neck between the two horses at the finish. There was a credible chance that, free of interference, Footy Star could have won the race particularly with the manner in which he finished the race off strongly.

Accordingly we exercise our discretion in favour of changing the placings.

They now read:

1^st No.8 Footy Star

2^nd No.1 Bahhzaar

3^rd No.11 Waitahe Tane

4^th No.10 Grant

The registrar is directed to pay the dividends accordingly.

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hearing_type: Old Hearing

Rules: 876.1

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