Hawkes Bay RI 9 September 2023 – R8 – APOSTROPHE

Evidence

Following the running of Race 8, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Applicant Mr L Te Keeti, alleged that horse No. 3  APOSTROPHE or its Rider, placed 1st by the Judge, interfered with the chances of horse No. 13 ELECTRIC TIME, placed 2nd by the Judge.

The interference was alleged to have occurred over the final stages.

The Judge’s provisional placings were as follows:

1st No. 3  APOSTROPHE

2nd No. 13 ELECTRIC TIME

3rd No.  11 SLIPPER ISLAND

4th No. 1 BELLE OF THE BALL

The official margin between 1st and 2nd placed horses was a long head.

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 Adjudicative 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. Head-on, side-on, rear and drone views of the alleged interference were played, and the runners identified. APOSTROPHE was in a position 1-off the rail and ELECTRIC TIME was approximately 4 horse widths out from the rail.

Mr Te Keeti, Trainer (ELECTRIC TIME) said his horse held its line all the way down the straight until the final 30 metres when APOSTROPHE moved out onto it. This was sufficient to put ELECTRIC TIME off line and with the fine margin at the finish, he believed he should have won the race. Ms Nicholas said ELECTRIC TIME was running straight until she received slight contact from APOSTROPHE, which unbalanced her slightly. There was a possibility she might have won the race.

Mr Kennedy (Rider of APOSTROPHE) said his filly had come from a long way back in the field. He maintained that ELECTRIC TIME had drifted in a horse width prior to him moving outwards, but that any contact was insignificant and he was always going to run past the 2nd placed horse.

Mr James maintained that none of the films showed any evidence of contact and the closest APOSTROPHE got to ELECTRIC TIME, was after it went past it.

Stipendiary Steward Mr Oatham was asked for comment and he said the Stewards did not believe there was any merit in the protest.

Reasons For Decision

In accordance with the requirements of the Protest Rule, the Adjudicative Committee must firstly establish whether 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 Adjudicative Committee established that APOSTROPHE came from a considerable distance back in the field to confidently go past ELECTRIC TIME and win the race. The head-on footage confirmed some outward movement from APOSTROPHE, but if there was contact with ELECTRIC TIME, it was of such a negligible nature that the Adjudicative Committee did not believe it sufficient to cause any interference or disruption to that runner.

Given that there was no established interference, there is no requirement to proceed to the second phase of the Protest Rule.

Consequently, the protest has been dismissed, and the official race results remain unchanged as per the Judge’s placements.

Decision

Accordingly, the protest is dismissed, and the Judge’s placings stand. The Adjudicative Committee authorised the payment of dividends and stake money in accordance with the Decision.