Invercargill HRC 25 February 2022 – R9 – THE COBBLER

EVIDENCE:

At the conclusion of Race 9 the Diamonds Day 30th April Mobile Pace a protest was lodged by Stipendiary Steward Mr V Munro alleging that under Rule 869(7)(b) that THE COBBLER (B Orange) went inside a pylon in the home straight therefore gaining an advantage. THE COBBLER was placed second in the race.

Mr Orange who was the Driver of THE COBBLER and also represented the Trainer and connections of the horse contested the protest. He acknowledged that he understood the Rule and was present throughout the hearing.

Rule 869(7)(b) follows.. Where any horse or it’s sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.

The provisional placings are:

1st – GLORAFILA (No.6 N Williamson)

2nd – THE COBBLER (No.9 B Orange)

3rd – CHANGEAROUND (No.5 S O’Reilly)

4th – THE NIGHT WATCHMAN (No.1 K Barclay)

SUBMISSIONS:

Mr Munro asked Stipendiary Steward Miss R Haley to highlight on the various video clips (head on side on) showing THE COBBLER entering the home straight racing in the three back position on the running line.

Mr Munro highlighted THE NIGHT WATCHMAN driven by Mrs K Barclay who was in the trailing position move into the passing lane as she was entitled to do. Mr Munro then focused on THE COBBLER who then attempted to move on the inside of THE NIGHT WATCHMAN who maintains his line. Mr Munro stated that there may have been room for the horse to move through, however there was insufficient for the  horse and sulky to get through the gap, and by Mr Orange proceeding through it, he has gone inside a pylon and gained a run to the winning post that he should not have received and therefore gaining an advantage.

Mr Munro acknowledged the head on video clip is not always ideal or conclusive, however when questioned regarding whether Mrs Barclay’s horse had moved inwards he did not believe so.

Mr Orange did not agree with Mr Munro’s statement that there was possibly insufficient room for him to move through and he believed that THE COBBLER had sufficient room from the top of the straight to enter into the space that he did. Mr Orange was also of the opinion that Mrs Barclay’s horse had moved inwards contributing to the incident.

REASON FOR DECISION:

On reviewing the race films on many occasions both in real time and in slow motion, from the top of the straight to the winning post it is clearly apparent that THE COBBLER has gone inside a pylon in the home straight. It is also clear that THE NIGHT WATCHMAN was entitled to its run in the passing lane and that none of the video evidence highlights THE NIGHT WATCHMAN moving downwards onto THE COBBLER forcing THE COBBLER inside the pylon.

It is also clear that there was insufficient room at a critical point for THE COBBLER to continue through and by doing so he has gained a run that he would not have in normal circumstances and that he has gained an advantage.

CONCLUSION:

The protest was upheld and THE COBBLER is disqualified from second placing.

The official amended Judge’s placings are:

1st – GLORAFILA (No.6 N Williamson)

2nd – CHANGEAROUND (No.5 S O’Reilly)

3rd -THE NIGHT WATCHMAN (No.1 K Barclay)

4th – SONNY MAGUIRE (No.3 B Williamson)

In accordance with the amended placings, payment of dividends is authorised.