NZ Metro TC 2 March 2023 – R6 – HOMEBUSH LAD

BACKGROUND:

Following the running of Race 6, Alabar Free-For-All Mobile Pace, an Information instigating a protest was filed by Chief Stipendiary Steward, Nigel McIntyre, against HOMEBUSH LAD (Ben Hope), placed 4th by the Judge, on the grounds that it shifted inside the markers near the 200 metres.

Junior Driver, Ben Hope, was present at the hearing representing the connections of HOMEBUSH LAD. He is a very experienced Junior Driver , and did not require assistance from a Senior Driver. He indicated that the protest was contested.

Rule 869 provides:

(7B) Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race or relegated to behind any horse in respect of which an advantage may have been gained except where it is established that the breach was caused by interference by another horse or driver.

The Judge’s provisional placings were:

1st    6  One Change

2nd  4  Mighty Looee

3rd   2  Corravally Star

4th   3  Homebush Lad

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, had Steward, Matt Sole, identify the runners concerned. He pointed out the lead horse turning for home – HENRY HUBERT, driven by Tim Williams. Mr Hope had originally been racing three places back on the marker, but had improved to trail the leader when MIGHTY LOOEE (John Dunn) shifted out from the trail before the turn.

Mr McIntyre said that HENRY HUBERT, as the leading horse entering the passing lane, was required to leave full access to the passing lane for HOMEBUSH LAD. Mr Hope was “starved” for a run and had gone inside the marker line before running on to finish in 4th placing, he said. The Adjudicative Committee needed to determine if the interference to HOMEBUSH LAD, as a result of Mr Williams not maintaining a straight course as required, by shifting in and thereby denying Mr Hope an unobstructed run to the finishing line, brought the proviso to Rule 869(7B) into play.

Mr Hope said that Mr Dunn had eased out from the trail in front of him, enabling him to trail the leader turning into the final straight. He was entitled to the passing lane run and, for whatever reason, his runner had been pushed over the markers. He believed that he had received interference from HENRY HUBERT.

REASONS FOR DECISION:

The Rule requires the Adjudicative Committee to consider two matters, having found that HOMEBUSH LAD’s sulky wheel had moved inside the marker line, which the replay clearly showed it did – firstly, did that horse gain an advantage and, secondly, if it did gain an advantage, was its moving inside the marker line the result of “interference by any other horse or Driver”.

The Adjudicative Committee finds that HOMEBUSH LAD did gain an advantage over the 5th placed runner, LAVER, the margin between 4th and 5th being a nose. However, the Adjudicative Committee further finds that it was the result of interference from HENRY HUBERT’s shifting into the passing lane and denying HOMEBUSH LAD the full run in the passing lane to which it was entitled. Therefore, the proviso to Rule 869(7B) applies.

DECISION:

The protest is dismissed and the Judge’s placings (as above) stand.

It is ordered that dividends and stakes be paid in accordance with the Judge’s placings.