NZ Metro TC 24 March 2023 – R5 – MOSSDALE BEN

Summary of Facts: 

Following the running of Race 5, the Applicant Devon van Til filed an Information instigating a protest pursuant to r 869(A)(2) alleging that MOSSDALE BEN placed first by the Judge interfered with the chances of 2nd placed ANYTHING GOES, alleging interference over the concluding stages.

The provisional placings  were:

1st   No 4   MOSSDALE BEN

2nd  No 3   ANYTHING GOES

3rd  No 6   HAPPY PLACE

4th  No 2   CYA  ART

The official margin was a neck.

Rule 869(A)(2) reads:

869A (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.

Submissions For Decision:

Using the race films relating to the concluding stages of the race in the home straight, Miss van Til demonstrated that 1st placed MOSSDALE BEN shifted inwards near the 150 metre mark and in doing so, interfered with the chances of her drive, 2nd placed ANYTHING GOES. She said she had to stop driving and steer her drive away from MOSSDALE BEN in order to improve. She believed the interference cost her a winning chance.

Ben Hope stated that although he had shifted inwards slightly, he immediately straightened. He added that Miss van Til did not stop driving her horse out over the concluding stages. Nina Hope agreed and pointed out that Miss van Til’s horse had its head angled inwards throughout the straight and contributed to the incident.

Officiating Stipendiary Steward Shane Renault gave the Stewards’ interpretation of the incident. He stated that MOSSDALE BEN has moved in slightly near the 150m but was straightened almost immediately. He added that there was slight interference or inconvenience to ANYTHING GOES but from near the 100m, ANYTHING GOES has had every opportunity to pass MOSSDALE BEN over the concluding stages.

Reasons For Decision:

The Adjudicative Committee was satisfied that MOSSDALE BEN  shifted inwards shortly after entering the home straight. The Adjudicative Committee was also satisfied that ANYTHING GOES received some interference or inconvenience to a degree at the point where MOSSDALE BEN shifted inwards briefly.

The Adjudicative Committee, after taking into consideration all factors of the incident, submissions from all parties, reviewing the available films, and the margin of a neck, was not satisfied to the required standard that but for the interference received by the 2nd placed ANYTHING GOES by 1st placed MOSSDALE BEN, ANYTHING GOES would have beaten MOSSDALE BEN to the line.

Therefore the protest is dismissed.

Decision:

The protest is dismissed and the Judge’s placings stand. Stakes and dividends are to be paid accordingly.