NZ Metro TC 18 April 2024 – R8 – BET N WIN

BACKGROUND:

Following the running of Race 8, Future Wealth Sires’ Stakes Aged Trotters Classic Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Shane Renault, against BET N WIN (Bob Butt), placed 1st by the Judge, on the ground that the horse “gained an advantage by contacting and racing inside the final track marker prior to the passing lane”.

Rule 869(7B) provides as follows:

Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race or relegated to behind any horse in respect of which an advantage may have been gained except where it is established that the breach was caused by interference by another horse or driver.

EVIDENCE:

Stipendiary Steward, Shane Renault, began by reading Rule 869(7B) to the hearing. It was for the Adjudicative Committee to decide whether Mr Butt had gained an advantage over the 2nd placed runner, MIGHTY LOGAN (John Dunn), Mr Renault said.

He then showed video replays of the incident as the field turned into the final straight. The leading horse was FRANCO JOSIAH (John Morrison) and racing in the trail behind the leader was BET N WIN, driven by Mr Butt. MIGHTY LOGAN had been racing in the one out, one-back position and had improved quickly 3-wide to take the lead, putting a break on BET N WIN.

Mr Renault pointed out Mr Butt angle down into the passing lane and, in doing so, make contact with a track marker – the final one before the passing lane. He submitted that Mr Butt had gained an advantage by shifting to the inside of Mr Morrison.

Mr Renault then showed a video of the final 200 metres – Mr Butt on the inside and Mr Dunn, in front and wider out. At the finishing line, Mr Butt’s runner had won the race, with MIGHTY LOGAN finishing 2nd, the official margin being a neck. Mr Butt was always going to get the run, but it was the Stewards’ contention that he had taken it too early, Mr Renault said.

Mr Butt admitted that he had “touched” the final marker, “square on” and not inside it, he submitted. Furthermore, Mr Morrison had already shifted wider, he said. He submitted that he had not gained an advantage over MIGHTY LOGAN at all. That runner had been “off and gone” and he, Mr Butt’s runner, had still been good enough to pick it up.

Mr Renault summed up by saying that Stewards believed that Mr Butt had gone inside the final track marker and had thereby gained an advantage.

REASONS FOR DECISION:

There are two matters that the Adjudicative Committee needed to determine in deciding the outcome of the protest. Firstly, had Mr Butt’s sulky wheel moved inside the marker line and, secondly, had BET N WIN gained an advantage over MIGHTY LOGAN in doing so.

With regard to the first of those matters, the Adjudicative Committee could not be satisfied on the basis of the video evidence that Mr Butt’s inside sulky wheel had “moved inside the track marker line” (see the Rule above). It appeared that the wheel ran squarely over the marker and, if inside the marker, then only by an inch or so – certainly not by any margin that should affect the outcome of the protest.

With regard to the second matter, did Mr Butt gain an advantage, the Adjudicative Committee comfortably finds that no advantage was gained. Mr Butt did not need to take the inside run when he did. There was sufficient room to his outside and a full run would have come had he waited for another stride. Furthermore, his awaiting the passing lane resulted in MIGHTY LOGAN, with momentum wider out, putting a break on Mr Butt’s runner. BET N WIN was able to come from behind and run down MIGHTY LOGAN before the finishing line.

Finally, the Adjudicative Committee comments, it does not necessarily follow that moving inside the marker line always results in an advantage. That is so in this case – no advantage has been gained. Each case will depend on its particular facts.

On the basis of the above findings, the protest against the winner, BET N WIN, is dismissed.

DECISION:

The protest was dismissed.

The confirmed placings are:

1st   5    Bet N Win

2nd  7    Mighty Logan

3rd   6    Galway Girl

4th   4    Tu Tangata

It was ordered that dividends and stakes be paid in accordance with the Judge’s official placings as above.