NZ Metro TC 21 May 2010 - R 11 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N R Escott – Chief Stipendiary Steward

Defendant:  N/A

Information No:  13975 (instigating a protest) 

Meeting:  New Zealand Metropolitan Trotting Club

Date:  21 May 2010

Venue:  Addington Raceway

Race:  11 – Garrard’s Sires” Stakes Two-Year-Old Silver

Rule No:  869(8)

Judicial Committee:  J M Phelan, Chairman – R G McKenzie, L N McCutcheon, Committee Members 

FACTS:

Following the running of Race 11, the Garrard’s Sires’ Stakes Two-Year-Old Silver, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging interference by “Mustang Mach” (4) driven by Mr T. M. Williams.

The Information reads as follows.

“This is a protest by horse number (1) placed 7^th by the against horse number (4 ) placed 4^th  by the Judge on the grounds of interference with about 1300m to run.”

Rule 869(8) provides 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:

(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b) 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 Escott gave evidence and used video coverage to show that with about 1300 metres to run “Mustang Mach” broke free of interference causing a check to the trailing horse and also to “Adam’s Pocket” which was trailing that horse.   As a result of this interference “Adam’s Pocket” finished in 7^th and last position.

Mr T. M. Williams, the driver of “Mustang Mach”, had endorsed the Information – “I do not contest protest”.

SUBMISSION:

Mr Escott made submissions that “Mustang Mach” be relegated from 4^th to 7^th place behind “Adam’s Pocket”.

DECISION:

We were satisfied that “Mustang Mach” had caused interference as alleged, and that the protest was not contested.  Accordingly “Mustang Mach” was relegated from 4^th to 7^th place, with the amended places being as follows.

1^st – Zenola Seelster (7)

2^nd – Corzin Terror (6)

3^rd – Mabrook (3)

4^th – Arden’s Southee (5)

5^th – Sea Storm (2)

6^th – Adam’s Pocket (10

J M Phelan                   R G McKenzie and L N McCutcheon

CHAIR                         Committee Members

13975