NZ Metro TC 20 June 2025 – R5 – JIMMY CARR

Following the running of Race 5, Mid-Winter Christmas at Addington – Book Now Handicap Trot, an Information by way of a protest was filed by Open Driver, Luke Whittaker, Driver of ZOLTAN BOSCIK, placed 2nd by the Judge, against JIMMY CARTER (John Morrison), placed 1st by the Judge, on the ground that JIMMY CARTER “shifted inwards near the 1800 metres, checking ZOLTAN BOSCIK, which lost its rightful racing position”.

Present at the hearing were Mr Luke Whittaker, Mr Jeff Whittaker (co-Trainer of ZOLTAN BOSCIK), Mr Morrison and Mr Phil Williamson (Trainer of JIMMY CARTER).

Rule 869(A)(2) was read to the hearing and all parties confirmed that they understood that Rule.

The Judge’s official placings were as follows:

1st   7   Jimmy Carter

2nd  6   Zoltan Boscik

3rd   1   Paige

4th   2  Moses

The margin between 1st and 2nd was ¾ length.

Rule 869(A) provides:

(2)     When a placed horse or its driver causes interference to another placed horse and the Adjudicative Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Adjudicative Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

EVIDENCE:

The hearing began with Chief Stipendiary Steward, Nigel McIntyre, showing video replays (“Trackside” and head-on views) of the incident, with approximately 1800 metres to run. He pointed out the runners concerned – MASTERCLASS (Kimberly Butt) racing four places back on the markers in the seven-horse field, followed by ZOLTAN BOSCIK, IT’S SO EASY (Peter Davis) and JIMMY CARTER, in last position, those four runners racing in single file.

Mr McIntyre then showed Mr Morrison commence a run, but both MASTERCLASS and ZOLTAN BOSCIK shifted ground outwards prior to Mr Morrison reaching their wheel, leaving Mr Morrison’s runner to race in a 3-wide position, he said. Mr Morrison then attempted to shift ZOLTAN BOSCIK down the track, and get onto the back of MASTERCLASS, but IT’S SO EASY had marginally improved to the inside of ZOLTAN BOSCIK. Mr Morrison continued to attempt to get onto the back of MASTERCLASS, obliging Mr Whittaker to take a hold of his runner and lose momentum, and his position. JIMMY CARTER progressed to the one-out line. It was clear that there was interference at that stage, Mr McIntyre said.

Mr McIntyre then showed a video replay of the remainder of the race. JIMMY CARTER progressed forward and took the lead at the 1200 metres. ZOLTAN BOSCIK followed that runner round, and raced in the parked position from that point to the home turn. Turning for home, those two runners were in the same position, and the race developed into a “footrace” to the finishing line, Mr McIntyre said. JIMMY CARTER held ZOLTAN BOSCIK all the way to the finishing line, he said.

Mr Luke Whittaker said that there had been obvious interference. He had been following MASTERCLASS, which later found the front. His obvious move was to then take the lead from that runner but Mr Morrison, in front of him, had himself gone to the lead, he said. He believed that the interference had cost him 2½ lengths, and he was beaten by ¾ length.

Mr Morrison said that there had been an easing of the pace and he had been forced 3-wide. This had forced him to progress forward. The runners in front had left it a bit late coming out, he submitted, forcing his runner up the track. He said that he had got ahead of ZOLTAN BOSCIK, before IT’S SO EASY had got to the inside of that runner and he had to pull his horse’s head out to relieve the pressure. He had an advantage over ZOLTAN BOSCIK for a short distance, and believed he was entitled to ease it down, but Mr Whittaker had held him out, he said. He had relented, and came back out, when IT’S SO EASY got to the inside of ZOLTAN BOSCIK, but that runner had not broken, he said.

Mr Williamson was invited to speak briefly. He submitted that JIMMY CARTER had been the first runner to come out and, because of the slowing of the pace, the field “concertinaed”. It was hard for JIMMY CARTER, with forward momentum, when the other two runners came out underneath him. When Mr Morrison had been unable to ease down ZOLTAN BOSCIK, he had “rolled on”, 3-wide.

Mr McIntyre was asked by the Adjudicative Committee for his assessment of the alleged interference. Mr McIntyre agreed that, for a “split-second”, Mr Morrison had the opportunity to ease Mr Whittaker down, but was unable to do so, as a result of IT’S SO EASY getting up on the inside of ZOLTAN BOSCIK. Mr Morrison should have relieved the pressure a lot earlier than he did. He did eventually relieve the pressure, Mr McIntyre said. Stewards believed that interference had taken place, he said. However, given that the interference took place 1800 metres away from home, Stewards could not be comfortably satisfied that, but for that interference, ZOLTAN BOSCIK would have beaten JIMMY CARTER home, he said.

REASONS FOR DECISION:

The Protest Rule (above) requires the Adjudicative Committee to be satisfied as to two matters. Firstly, in this particular case, that JIMMY CARTER caused interference to ZOLTAN BOSCIK and, secondly, if satisfied that interference has been caused, that ZOLTAN BOSCIK would have finished ahead of JIMMY CARTER, but for that interference.

It was agreed by both parties, and the Stewards, that interference had taken place. The Adjudicative Committee was also satisfied that this was the case. As a result of the interference, ZOLTAN BOSCIK lost a little ground and its position in the running. However, significantly, the interference took place 1700-1800 metres from home, with more than half of the race still to be run. It can, therefore, only be pure speculation as to how the race would have unfolded, but for the interference, over the remaining 1700-1800 metres. As it transpired, JIMMY CARTER led from the 1200 metres, while ZOLTAN BOSCIK raced without cover from that point. It could not be said that the latter was deprived of its opportunity to win the race. As Mr McIntyre said, in analysing the race, the two runners had a “footrace” over the final 200 metres, with JIMMY CARTER comfortably holding ZOLTAN BOSCIK to the finishing line, the winning margin being ¾ length.

In the circumstances, the Adjudicative Committee could not be satisfied to the required standard of a balance of probabilities – that is to say, more satisfied than not – that, but for the interference, ZOLTAN BOSCIK would have beaten JIMMY CARTER.

DECISION:

The protest was dismissed.

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