Auckland TC 23 August 2024 – R6 – FERNLEIGH CASH

Following the running of Race 6, Senior Stipendiary Steward S Mulcay instigated a protest into the first placed runner FERNLEIGH CASH, alleging a breach of Rule 869(A)(2) in that Junior Driver K Denifostova allowed her drive to shift outwards throughout the run home, forcing AYE AYE CAPTAIN wider on the track.  AYE AYE CAPTAIN finished second, with the margin being 3/4 of a length.

Rule 869(A)(2) reads

(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.

Mr Mulcay played the video of the final straight of the race and identified FERNLEIGH CASH leading AYE AYE CAPTAIN as the horses came into the final straight. He pointed to FERNLEIGH CASH moving out markedly up the track. This forced AYE AYE CAPTAIN over extra ground.

The obligation is that the lead horse is to maintain as straight a course as possible. Neither Driver however, has had to stop driving and the margin of victory for FERNLEIGH CASH, was three quarters of a length. Mr Mulcay said that the margin of victory was a major factor in determining whether, but for the interference, Mr White’s horse would have beaten the winner. He said however, there were definitely grounds for the protest to be put to the Adjudicative Committee for determination.

Mr White, the Driver of AYE AYE CAPTAIN, gave evidence that he was forced wide. He said he was entitled to have a straight run, but was denied that. He said that the shifting out was “a lot”, there was no abruptness about, it was gradual. He said he had made some ground on the other horse. He considered he would have been closer to the winner if he had been allowed a straight line.

Mr Telfer said, on behalf of Ms Denifostova, that he agreed with everything that had been said. It was correct that Ms Denifostova had allowed her horse to run out, but both Drivers were able to drive their horses out. At no stage did he consider that the other horse was close enough to pick up the winner.

Reasons for Decision:

The Adjudicative Committee has to be satisfied of two determinative issues.  Firstly, that FERNLEIGH CASH did shift outwards throughout the run home, causing interference to AYE AYE CAPTAIN. If so, but for the interference, would AYE AYE CAPTAIN have beaten FERNLEIGH CASH.

After reviewing the race films and evaluating the submissions, noting the margin 3/4 of a length, the nature of the shift and the effect the shifting had on the second placed horse, the Adjudicative Committee dismisses the protest. The Adjudicative Committee accepts that there was interference, but is not satisfied that in the circumstances, AYE AYE CAPTAIN would have beaten FERNLEIGH CASH.

Decision:

The protest is dismissed and the Judge’s placings stand. Stakes and dividends are to be paid accordingly.