Auckland TC 17 December 2021 – R2 – MAGIC FOUR

SUMMARY OF FACTS:

Following the running of the WELCOME THAMES HRC MEMBERS TO ALEX PARK MBL PACE an Information instigating a Protest was lodged by Senior Stipendiary Steward Mr S Mulcay against the first placing of MAGIC FOUR (Driver Mr P Ferguson) on the grounds that it shifted down into the line of MERCURY RISING (Driver Mr J Stormont) and locked stays over the concluding stages of the Race.

Rule 869A(2) provides: 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.

Messrs Ferguson and Stormont were present at the hearing and both confirmed that they represented the connections of their respective horses.
I explained the Rule to them and they both acknowledged that they understood it.

EVIDENCE:

Mr Mulcay demonstrated the incident by use of the race films . He identified both horses and showed where MERCURY RISING was leading from early in the race and at the 800 metres mark MAGIC FOUR was second last. At that point Mr Ferguson took off with his horse and went around the field and in the home straight headed MERCURY RISING and the 2 of them raced together to the finish. At approximately the 100 metres mark MAGIC FOUR was at least three quarters of a length in front of MERCURY RISING and at the finish there was a nose between both horses. MAGIC FOUR ran in on MERCURY RISING several times in the run home and Mr Ferguson took corrective action each time. At the 30 metres mark MAGIC FOUR moved in again onto MERCURY RISING and locked stays with that runner’s sulky and they remained like this to the finish.

Mr Stormont gave evidence and confirmed what Mr Mulcay had said. He did however use the film to show that when they locked stays the wheels on Mr Ferguson’s sulky were throwing up dirt from the track and he said that was because he was dragging Mr Ferguson’s sulky. He said that his horse had been gaining on Mr Ferguson’s horse in the home straight and but for locking stays he believed that his horse would have won. He pointed out that the margin was only a nose.

Mr Ferguson acknowledged that his horse had run in 2 or 3 times and he pulled him off the other horse and he said that in the last 30 metres he pulled his horse out before the finishing line.

REASON FOR DECISION:

The race films show the incident very clearly. MAGIC FOUR has put in an enormous run from the back of the field and obviously from tiredness has run in several times in the home straight. This culminated with locking stays at the 30 metres mark.

MERCURY RISING has, in the Adjudicative Committee’s opinion, been gaining on MAGIC FOUR from the 100 metres mark. The Adjudicative Committee is quite satisfied that interference occurred and further to that, is satisfied that, but for that interference, MERCURY RISING would have finished first.

CONCLUSIONS:

The Protest is accordingly upheld and MAGIC FOUR is relegated from first to second and MERCURY RISING is promoted to first.

The amended placings are now:

First       (7) MERCURY RISING
Second  (8) MAGIC FOUR
Third      (9) MITCH
Fourth    (1) TWICE SHY
Fifth        (2) NIRVANA FRANCO

It was ordered that dividends and stakes be paid in accordance with the amended placings.