Banks Peninsula TC 21 November 2021 – R5 – KENNEDY

ID: RIB5935

Respondent(s):
Colin DeFilippi - Driver, Peter Cook - Owner

Applicant:
Mr Paul Williams - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr P Williams, Mr S Renault - Stipendiary Steward, Mr DeFilippi and Mr Cook

Information Number:
A16716

Decision Type:
Protest

Rule(s):
862(2) - Home straight and passing lane regulations.

Plea:
Contested

Protest:
KENNEDY improved its position by using the passing lane at the start and in doing so gained an advantage.

Animal Name:
KENNEDY

Code:
Harness

Race Date:
21/11/2021

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R5

Hearing Date:
21/11/2021

Hearing Location:
Motukarara Racecourse

Outcome: Protest Upheld

Penalty: KENNEDY is disqualified from Race 5

SUMMARY OF FACTS:

Following the running of Race 5 a Steward’s protest was presented by Stipendiary Steward Mr Paul Williams alleging horse number 10 KENNEDY improved its position by using the passing lane at the start when not entitled to do so and gained an advantage.

The Judge’s placings for the race were:

1st 7 SAFE ZONE

2nd 10 KENNEDY

3rd 2 GET OUTTA TOWN

4th 1 WAVETHEBILL

5th 9 ART COLLECTOR

EVIDENCE:

Mr Renault played the video of the start from the front, side, and back straight angles and identified firstly Mr May (WAVETHEBILL) who had drawn 1 on the front line. He pointed to Mr May drive his horse up to the barrier and stand in his correct position. He then identified Mr DeFilippi (KENNEDY) who had drawn 1 on the second row, follow Mr May, and then steer his horse to the inside to where he was standing in the passing lane. As the barrier was released KENNEDY began very well and as there were no horses in front of him ran unimpeded up the passing lane securing a run 3 back on the fence for the entire race.

Mr Williams stated the Passing Lane and Home Straight Regulations. 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.

Mr Williams said it was the Steward’s position Mr DeFilippi was not entitled to use the passing lane at the start as he did and the horse should be disqualified from the race.

Mr DeFilippi used the films to show he was back a length from Mr May just prior to the start. He said he had done his homework on WAVETHEBILL and knew he would be unlikely to begin cleanly as he has only had one standing start race. He said right from the time WAVETHEBILL walked into line he would have bet money he wasn’t going to begin. He said, “he wasn’t standing nice, he had his head pointed over the rail”. Mr DeFilippi said ” why would I want to stand behind him if I didn’t have to. So I gave myself half a chance of missing him by standing down half a cart. Right from the start Mr May ran out and galloped, now I could’ve stood behind him but I could have been interfered with”.

Mr Cook said the film shows KENNEDY was a length back from the front line of horses as the tapes were released. He said WAVETHEBILL ran out at the very beginning and even if there had been a hub rail in place KENNEDY would still have got a run through as he did.

REASON FOR DECISION:

The Committee carefully considered all the evidence presented. Mr DeFilippi stated he gave himself half a cart width to avoid what he felt were inevitable problems that WAVETHEBILL would produce in front of him. The head-on race film clearly shows WAVETHEBILL correctly positioned at the inside, drawn one, and inside of him is KENNEDY, in the passing lane and although back a length, effectively drawn zero. As the barrier was released KENNEDY began swiftly, in the passing lane, gaining a position well forward of where it would have been had it not breached the Passing Lane and Home Straight Regulations.

The Protest is upheld and KENNEDY is disqualified from Race 5.

CONCLUSIONS:

The amended result of Race 5 is:

1st – 7 – SAFE ZONE

2nd – 2 GET OUTTA TOWN

3rd – 1 WAVETHEBILL

4th – 9 ART COLLECTOR

5th – 6 – CHARLIE’S ACE

Stakes and dividends were ordered to be paid in accordance with the amended result.

Decision Date: 21/11/2021

Publish Date: 23/11/2021