NZ Metro TC – 1 April 2005 – Race 7

Following the running of Race 7, Frucor Beverages Free-For-All, an information instigating a protest was filed by Mr R D Holmes, as the driver of ATOM SAM placed 10^th by the judge, against HEXUS (C J de Filippi), placed 2^nd by the judge, on the grounds of interference shortly after the start.

Mr C J de Filippi represented the connections of HEXUS at the hearing. Mr J M Whittaker, trainer of HEXUS, was also present at the hearing.

Mr Holmes used video replays to show the incident in which he alleged that interference had taken place. He stated that ATOM SAM had drawn No.2 on the second line in the mobile start event and had followed out JAGGED ACOUNT which had gone forward to the lead. He pointed out HEXUS which had drawn No.3 on the front line. Mr Holmes stated that he was well inside the legs of HEXUS, his horse's legs as well as the body of the horse. He called out on several occasions for Mr de Filippi to give him room but got no response. ATOM SAM's legs contacted the sulky wheel of HEXUS and galloped, he said. He alleged that Mr de Filippi had "come across".

Mr de Filippi asked Mr Holmes to point out on the video where contact had been made. Mr Holmes conceded, when it was put to him by Mr de Filippi, that ATOM SAM may have made contact with the cart of LONDON LEGEND (M P Jones) which had drawn No.1 on the second line and was racing on the inside of ATOM SAM. Mr Holmes said that it was the lack of room caused by Mr de Filippi. Mr De Filippi put it to Mr Holmes that there was no gap available.

Mr de Filippi stated that Mr Holmes had been unable to stay on the back of JAGGED ACCOUNT and, further, that HEXUS was well clear of ATOM SAM when that horse broke. Mr de Filippi stated that he was not obliged to make room for Mr Holmes and that he had maintained a straight line.

Mr N R Escott, Chief Stipendiary Steward, was asked to give his views on the incident. He stated that, in his view, Mr Holmes had attempted to get into a gap that was marginal. He stated that it was very clear that HEXUS had not made contact with ATOM SAM. Furthermore, HEXUS was well clear of ATOM SAM when the latter horse broke. Mr Escott stated that a horse drawn the second line needed to be sure that there was a gap to get through. Mr de Filippi had another horse outside him and the racing position, at the time, was normal following a mobile dispatch.

Following a deliberation, the Committee found that Mr Holmes had failed to prove that HEXUS had caused interference to ATOM SAM. The Committee was satisfied that HEXUS had maintained a straight line, as it was required to do following the start, and that Mr Holmes had attempted to follow JAGGED ACCOUNT out but was unable to do so and had suffered tightening causing it to gallop. The Committee found that such tightening was caused by Mr Holmes attempting to take a marginal gap. The video replays of the incident clearly showed that HEXUS was clear of ATOM SAM at that point, as was confirmed by Mr Escott. The breaking of ATOM SAM was not attributable, in any way, to HEXUS, in the Committee's view. Having found that the alleged interference had not taken place, the Committee dismissed the protest and ordered that the judge's placings for the Race stand.