NZ Metro TC – 29 July 2005 – Race 8

Following the running of Race 8, the Cavel Leitch Pringle & Boyle Pace, an Information instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest against horse number (15) placed 4^th by the judge on the grounds of interference to horse number (13) (The Jet Setter)."

Rule 869(8) reads as follows.

"The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

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1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
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2. may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -

immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

Mr S. P. Wa;kinshaw (a Junior Horseman) attended this hearing on his own, and he advised that he did not need the assistance of a senior horseman. Neither the trainer nor the owners of "Discriminating" attended the hearing and Mr Walkinshaw agreed that he would represent their interests.

Mrs Williams gave evidence and used video coverage to show that "Discriminating" was in the two wide line and about mid-field on entering the back straight for the last time. "The Jet Setter" was making a rapid move forward three wide when Mr Walkinshaw moved outwards and made contact with that horse, which broke and lost it's chance, eventually finishing in 9^th place.

Stipendiary Steward Mr N. G. McIntyre gave evidence that he viewed the race from the top of the back straight. He said that in his view the outwards movement by Mr Walkinshaw's was horse was "abrupt".

Mr R. Sharpe, the driver of "The Jet Setter", gave evidence that when Mr Walkinshaw moved his horse outwards he did so in an unacceptable manner and made contact with his horse which broke and lost its chance.

In cross-examination Mr Walkinshaw asked Mr Sharpe if he had tried to push him back down when he was making his outwards move. Mr Sharpe agreed that he tried to hold his line.

Mr Walkinshaw gave evidence that he had tried to ease Mr Sharpe's horse outwards to obtain a run. He said that his movement outwards was not sudden or abrupt as described.

After hearing the evidence I adjourned to consider my decision. I was satisfied that the evidence and the video coverage of the incident clearly showed that Mr Walkinshaw had moved outwards in an abrupt and unexpected manner and had caused "The Jet Setter" to break and lose its chance in the race. When I returned to the Enquiry Room I gave the following oral decision.

"Having heard the evidence and having seen the video coverage of the incident I am satisfied that with about 850 metres to run there was contact between "Discriminating" and "The Jet Setter", and that "The Jet Setter" broke and lost its chance. I am also satisfied that the evidence shows that Mr Walkinshaw moved his horse out abruptly and in an unacceptable way. Mr Walkinshaw's manoeuvre was not an "easing out" as permitted by the Rules. The protest is upheld and "Discriminating" is relegated to 9^th place."

The amended places are as follows.

1^st ? Jungle Jane (14)

2^nd ? Grice (6)

3^rd ? Kay N Kayes (7)

4^th ? Another Cloud (12)

5^th ? Pimento (1)

6^th ? Rip And Roar (4)

Chairman