Hawke’s Bay RI 31 December 2023 – R4 – GRAEME JOHN

Evidence

Following the running of Race number 4, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Applicant, Mr Michael McNab  alleged that horse number 1 (GRAEME JOHN) placed 2nd by the Judge interfered with the chances of horse number 6 (WIND OF CHANGE) placed 3rd by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge’s provisional placings were as follows:

1^st  – No. 3 HICKORY JACK

2^nd – No. 1 GRAEME JOHN

3^rd – No. 6 WINDS OF CHANGE

4^th – No. 7 BAILEYS ON ROCKS

The official margin was a neck.

Rule 642(1) provides:

“If a placed horse or its rider causes interference within the meaning of this rule 642 to another placed horse, and the Judicial Committee is of the opinion that the horse so interfered with would have finished ahead of the first mentioned horse had such interference not occurred, they may place the first mentioned horse immediately after the horse interfered with”.

Submissions For Decision

Prior to hearing submissions from the respective parties, the Adjudicative Committee requested that Stewards show all available Race films of the alleged interference and identify the runners.

The Applicant, Mr McNab stated he had followed Mr Doyle most of the Race and when he made a move to the outside of GRAEME JOHN in the home straight, Mr Doyle came out and gave him a shunt sideways. He said WIND OF CHANGE wasn’t very big in comparison to the other horse and the interference caused a loss of momentum which impacted his chances of running into 2nd placing.

Mr Chris McNab confirmed he had been instructed to lodge a protest by Mr Pike who was not on course. He said the films were clear and in his opinion WIND OF CHANGE would have run 2nd had the interference not occurred.

The Rider of GRAEME JOHN, Mr Doyle, explained his horse was a little green and when the inside horse (HICKORY JACK), shifted off the rail his mount overreacted and moved outwards causing interference to Mr McNab’s horse. Mr Doyle went on to say that his horse was finishing the better of the two horses and he believed he would have beaten it even without the interference.

Mr Brown, the Trainer of GRAEME JOHN, said following the interference WIND OF CHANGE almost got up and headed his horse but over the final few strides GRAEME JOHN was going ahead of Mr McNab’s horse.

Stipendiary Steward, Mr Goodwin said there was no doubt interference occurred however he concurred with Mr Brown’s interpretation that GRAEME JOHN was pulling away from the other horse over the concluding stages.

Reasons For Decision

In accordance with the requirements of the Protest Rule, the Adjudicative Committee must firstly establish that interference occurred; and secondly, if interference is established, the horse interfered with would have beaten the other runner, had such interference not occurred.

After hearing submissions and reviewing the video footage the Committee established that GRAEME JOHN veered out and made contact with WIND OF CHANGE. Despite the incident Mr McNab did not have to stop riding, and as both horses went to the line GRAEME JOHN appeared to be holding 2nd place comfortably over WIND OF CHANGE.

The Adjudicative Committee was not convinced that WIND OF CHANGE would have overtaken GRAEME JOHN in the absence of the incident. On that basis, in the exercise of our discretion, the protest is dismissed, and the Judges placings stand.

Decision

Accordingly, the protest is dismissed, and the Judges placings stand. The Adjudicative Committee authorised the payment of dividends and stake money in accordance with the decision.