NZ Metro TC – 11 November 2005 –

hearingid: 76f7896b817020022a99906c184ee5ca

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hearing_racingtype: harness-racing

startdate: 11/11/2005

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hearing_title: NZ Metro TC - 11 November 2005 -

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Following the running of Race 2, Win A Trip to Anaheim With Air New Zealand and Orbit Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against WHAT EVER YOU LIKE (D M Balle), placed 4^th by the judge

Following the running of Race 2, Win A Trip to Anaheim With Air New Zealand and Orbit Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against WHAT EVER YOU LIKE (D M Balle), placed 4^th by the judge, on the grounds of interference to ADO?S ANGEL, WEE ANNIE, JANE?S WISH and NEW YEAR WHIZ rounding the final bend.

Mr Balle, trainer/driver of WHAT EVER YOU LIKE, indicated that he represented the connections of the horse in the inquiry.

Mr McIntyre, Stipendiary Steward, called Mr W R Heads, driver of ADO?S ANGEL, to give evidence. Mr Heads said that going off the back straight, A M Butt (GENIUS) went forward. Mr Heads had Mr Balle on his inside and another horse outside him. The horse outside did not give him any room and Mr Balle came out from his inside when NEW YEAR WHIZ broke in front of him.

Mr B D Williams, Deputy Stipendiary Steward, showed the incident on video replays. He pointed out Mr Heads with Mr Balle on his inside. NEW YEAR WHIZ was in front of Mr Balle and it commenced to gallop. Mr Balle was looking to take evasive action. It was difficult for Mr Heads to shift out as his horse was hanging and he had a horse on his outside (JANE?S WISH). Mr Balle had the option to restrain to avoid the breaking NEW YEAR WHIZ but elected to shift out to avoid it rather than restrain it resulting in ADO?S ANGEL breaking as well as JANE?S WISH and two other runners.

Mr Balle admitted that he had caused interference. He submitted that the whole incident could have been avoided had M P Edmonds on NEW YEAR WHIZ not restrained his horse so sharply. There was a gap for it to gallop into and Mr Balle said he would have been able to get around it. He admitted a mistake but submitted that it was not entirely his fault. If he had taken action to restrain his horse, Mr Balle said, it would probably have broken.

Mr Balle said that he accepted that WHAT EVER YOU LIKE should be relegated for the interference.

On the basis of the evidence before it, including the admission of Mr Balle, and from its own observations of the video evidence, it was clear to the Committee that there was interference caused by WHAT EVER YOU LIKE to the other runners, as alleged in the information. Clearly, that interference affected the chances of those runners and it seemed appropriate to this Committee that, in those circumstances, WHAT EVER YOU LIKE should be relegated to last placing.

Accordingly, the protest was upheld and WHAT EVER YOU LIKE was relegated to last placing. Consequent upon that relegation, the amended placings for the race are as follows:

1^st 12 Genius

2^nd 1 Idle Wishes

3^rd 11 Zuri

4^th 4 The Donsson

5^th 15 Motu Miss Anna

6^th 17 Una Bromac

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