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Auckland TC - Race 9



869.4A
1003.2

An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of PARADISE EARL, drive by Mr J Stormont, placed 10th against ALIEN WAITS, drive by Ms N Chilcott, placed 1st on the ground of interference approximately 300 metres after the start. 



An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of PARADISE EARL, drive by Mr J Stormont, placed 10th against ALIEN WAITS, drive by Ms N Chilcott, placed 1st on the ground of interference approximately 300 metres after the start.  Mr Stormont represented the connections of PARADISE EARL.  Ms Chilcott and Mr N Champion, part owner, represented the connections of ALIEN WAITS.

Stipendiary Steward Mr B Van Kan gave evidence of his observations from a patrol box.  This evidence was of limited assistance.  Mr Muirhead showed the video film of the incident.  Mr Stormont was ahead of Ms Chilcott and moving inwards when Ms Chilcott pushed her horse outwards.  Mr Stormont’s horse then broke.  Mr Stormont said he was a touch in front of Ms Chilcott when she moved out.  He yelled out three time “don’t push out”.  Mr Reid (driver of INDIAN WELLS) moved his horse outwards from the maker pegs and Ms Chilcott followed him out and knocked PARADISE EARL off balance – the horse got “proppy” – and he could not get him back to his proper gait.  Mr Stormont said he was trying to maintain his position one out.  He had to ease his horse, there was “all but” contact, PARADISE EARL got “rocky” and broke.  Ms Chilcott had pushed him out.

Ms Chilcott said she was never on the fence, was always one out and could not push PARADISE EARL outwards ---- that horse was in front of ALIEN WAITS.  She said Mr Stormont eased his horse to get on her back.  She did not force the other horse over extra ground.  There was no contact.  She was entitled to do the manoeuvre she did.  In response Mr Stormont said he had no reason to ease back (as alleged by Ms Chilcott) – he was wanting to be on the back of Mr Reid and be in the one by one position.  Mr
 Champion said the head of ALIEN WAITS was in the wrong position to be able to push out as alleged and that ALIEN WAITS was half a metre clear of the other horse when it broke.

DECISIONS AND REASONS:

We reject Ms Chilcott’s claim that she was always one off the marker pegs.  ALIEN WAITS was virtually on the marker pegs when she moved it outwards.  Ms Chilcott was not entitled to move ALIEN WAITS outwards when she did.  That outward movement moved PARADISE EARL outwards and caused that horse to become unbalanced.  Mr Stormont took hold to avoid contact and to try and prevent the horse breaking.  PARADISE EARL did break and lost its chance.  We reject Ms Chilcott’s assertion that Mr Stormont eased his horse to get on her back.  He would not have yelled out to her “don’t push out” if that had been his intention.  We accept Mr Stormont’s version of events.  It is consistent with the video film.  There may have been a breach of the push out rule.  The Committee is satisfied that when moving outwards ALIEN WAITS caused interference to PARADISE EARL and thereby breached rule 869 (4A).  The protest is therefore upheld and pursuant to rule 1003 (2) ALIEN WAITS is disqualified, the placings then being: 

1st KASYANOV
2nd PASI
3RD INDIAN WELLS
4TH FAYANNI
5TH FEATHERFLIGHT
6TH EARL’S LADY

B J Rowe
Chair
13546

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