NZ Metro TC 23 June 2023 – R7 – TEDESCO

Summary of Facts: 

Following the running of Race 7, the Applicant, Stipendiary Steward Paul Williams, filed an Information instigating a protest pursuant to r 869(A) alleging that TEDESCO gained an advantage by racing in the passing lane over the early stages, thereby gaining an advantage.

The provisional placings  were:

1st   No 12 – GALWAY GIRL

2nd  No 10 – ELLATINE

3rd   No 13 – WYNBERG WATCH

4th   No 4 – TEDESCO

5th   No 8 – MAKE MY SUNDON

Rule 869(A) reads:

869A (1) For the purpose of this rule:
(a) “placed horse” means a horse placed by the Judge 1st, 2nd, 3rd, 4th or 5th;
(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
(2) When a placed horse or its driver causes interference to another placed horse and the Adjudicative Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Adjudicative Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
(3) If the Adjudicative Committee is satisfied the interference was as a deliberate or reckless act or omission on the part of the driver who, or whose horse, caused interference the Adjudicative Committee, in addition to any other penalty that may be imposed, shall place the horse who, or whose driver, caused the interference immediately after the horse interfered with irrespective of where the interfered horse finishes.
(4) If the Adjudicative Committee is satisfied, as a result of interference, the horse interfered with was denied a higher stake bearing place it may order that the stake monies, or a portion of the stake monies, payable in respect of the horse that, or whose driver, caused the interference be paid to the owners of the horse interfered with.

Passing Lane Regulation 3

Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869A and the driver shall be in breach of Rule 869(3)(f).

EVIDENCE:

Mr Williams played the videos of the start, from the head on and side on angles, and identified firstly Robbie Holmes (QUIK BARBIE), who had drawn 1 on the front line of the standing start. He pointed to TEDESCO driven by Miss Ottley, drawn 1 on the second line on the 10 metre line. He then showed the start with QUIK BARBIE trotting away, but tending to lay out over the early stages. Despite this, Mr Holmes was able to keep a reasonable line and was positioned correctly in the one off line, outside the passing lane, he said. Mr Williams then showed TEDESCO, shifting down and improving forward, electing to use the passing lane from shortly after the start, to just past the winning post, where the passing lane ceases to exist. TEDESCO, he stated, finished up positioned on the inside of MAKE MY SUNDON, sharing the lead as the field left the straight. TEDESCO, he stated, was not entitled to use the passing lane and clearly gained an advantage by using the  lane to improve in the early stages. Mr Williams stated that TEDESCO broke shortly after this incident, but quickly regained its proper gait, to eventually finish in 4th place.

Mr Williams read the Passing Lane and Home Straight Regulations to the hearing. He said Clause 3 states, except after entering the home straight for the last time in the race, no horse may use the expanded inside lane in an attempt to pass any horse or horses or improve its position. Any horse that does so, may be disqualified or relegated under Rule 869A and the Driver shall be in breach of Rule 869(3)(f).

Mr Williams said it was the Steward’s position that Miss Ottley was not entitled to use the passing lane from the start as she did, and TEDESCO should be disqualified from the race.

Miss Ottley stated that she believed that QUIK BARBIE had drifted up the track when laying out, and that there was plenty of room for her to improve on that horse’s inside, without using the passing lane. She was also of the opinion, that the passing lane was accessible over the early stages of a 2600m standing start race, until the field settled down.

REASON FOR DECISION:

The Adjudicative Committee carefully considered all the evidence and submissions presented.  The Adjudicative Committee is satisfied that the head-on race film clearly shows QUIK BARBIE trot away from the start positioned correctly in the one off line, despite tending to lay out over the early stages. The Adjudicative Committee is also satisfied that TEDESCO shifted down into the passing lane and used the passing lane to improve its position, through on the inside of QUIK BARBIE, to finish up sharing the lead as the field left the straight, clearly gaining an advantage when not entitled to.

The Adjudicative Committee therefore determined that the protest be upheld.

Decision:

The protest is upheld and stakes and dividends are to be paid in accordance with this decision.