Waikato RC – 11 November 2006 –

hearingid: b9e5131b35130db2e8e581fd9799a1ab

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hearing_racingtype: thoroughbred-racing

startdate: 11/11/2006

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hearing_title: Waikato RC - 11 November 2006 -

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DECISION & REASON:

This inquiry concerns a protest lodged following the running of race 7.  The protest was lodged by Mr T Russell alleging that TEEPEEM, or its rider, placed second by the Judge, interfered with the chances of SISTA, placed third by the Judge.  The interference is alleged to have occurred in the straight.

The Judge's placings were:

1^st        RITZY LADY

2^nd            TEEPEEM

3^rd        SISTA

4^th        VOLK DANCER

The margins were half a length between first and second, long neck between second and third, and half a length between third and fourth.

Present at the hearing were:

Mr T Russell and M Donoghue representing SISTA.

Mrs L Allpress and Mrs K McQuade representing TEEPEEM.

In summary Mr Russell showed where at the 50 metre mark TEEPEEM moved in and briefly touched SISTA.  Mr Russell felt that the knock caused him to lose more than the long neck margin at the finish. 

In response, Mrs Allpress suggested that although slight contact was made SISTA did not appear to be inconvenienced. 

Mr Oatham said that TEEPEEM had come from behind SISTA in the final straight, and appeared to be going past that runner before shifting in. 

Head on and side on videos were also demonstrated. 

We are satisfied that, with approximately 50 metres to run, SISTA suffered slight interference which was caused by TEEPEEM.  We have reached our decision having regard to our impression of the witnesses and our observations of the films.  We prefer the view expressed by the rider and connections of TEEPEEM and Stipendiary Steward J P Oatham that the slight interference was of no significance in the result.  Having concluded that TEEPEEM interfered with the chances of SISTA we have a discretion to relegate TEEPEEM behind SISTA.  There must be a valid reason to exercise our discretion to relegate that outweighs any reason to let placings stand.

After taking all relevant facts into consideration we are of the opinion that the slight contact that SISTA received was not of sufficient severity, taking into account the strength of TEEPEEM finishing gallop, to change the Judge's placings.  According, the protest is dismissed. 

D C Johnstone                                           G Downey

CHAIRMAN

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