Hawke’s Bay RI 14 October 2023 – R1 – TOWER FLYPASS

Evidence

Following the running of Race 1, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Applicant, Mr Tony Pike, alleged that horse number 3 (TOWER FLYPASS) placed 1^st equal by the Judge interfered with the chances of horse number 1(CANNON HILL) placed 1^st equal by the Judge.

The interference was alleged to have occurred in the final 150m.

The Judge’s provisional placings were as follows:

1^st= – No.  1 CANNON HILL

1^st= – No. 3 TOWER FLYPASS

3^rd – No.  9 GRID GIRL

4^th – No.  5 LEROY BROWN

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.

Mr Bosson and Mr Pike (Rider and Trainer respectively of CANNON HILL) protested on the grounds that from the 150m TOWER FLYPASS moved outwards onto Mr Gryll’s mount GRID GIRL who in turn intimidated CANNON HILL out 2 horse widths. Mr Bosson maintained that this caused his mount to change legs and become unbalanced, costing him a long neck to ½ a length in ground.

Mr Kennedy said that while Mr Grylls had to look for a run to the outside of TOWER FLYPASS there was no contact to Mr Bosson’s mount and his horse may well have changed legs regardless of any interference. Mr Marsh maintained that there was no interference to CANNON HILL.

Stipendiary Steward, Mr Oatham outlined the Stewards interpretation of the alleged interference and said in his opinion the protest had some merit.

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.

Upon careful consideration of submissions and a thorough review of video footage, the Adjudicative Committee found that TOWER FLYPASS commenced a gradual shift outward from around the 150-metre mark, dictating the line of GRID GIRL who in turn forced CANNON HILL out over extra ground. It is essential to note that physical contact is not a prerequisite for interference to affect another runner in a race.

Although CANNON HILL was unbalanced due to being pushed wider, it promptly recovered and managed to close the gap on TOWER FLYPASS, resulting in a dead heat for first place. The pivotal aspect of this protest centres around the dead heat. The conclusion drawn is that CANNON HILL was put off balance by the interference, and it logically follows that, devoid of such interference, CANNON HILL would have beaten TOWER FLYPASS.

Based on this rationale, and the Adjudicative Committee’s discretion, the protest is upheld.

Decision

The protest was upheld and the amended placings were:

1^st – No. 1 CANNON HILL

2^nd – No. 3 TOWER FLYPASS

3^rd  – No.  9 GRID GIRL

4^th – No.  5 LEROY BROWN

The Adjudicative Committee authorised the payment of stakes and dividends in accordance with its decision.