NZ Metro TC 8 July 2022 – R4 – JIMMY JAMES MAGUIRE

Summary of Facts: 

Following the running of Race 4, the Hire King Moblie Pace, the Applicant, Mr Ben Hope, Driver of HEAVEN ON HIGH filed an Information instigating a protest pursuant to Rule 869A(2) alleging interference near the 400m by JIMMY JAMES MAGUIRE (R May).

The provisional placings  were:

1st  No 5

2nd No 7

3rd  No 2

4th  No 9

The official margins were 1/2 head – head – 3/4 length –  3 length

Rule 869A(2) reads:

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 last 600m of the race, Stipendiary Steward Mr S Renault identified the horses and Drivers. He pointed to JIMMY JAMES MAGUIRE who has shifted outwards near the 400-metre mark and allegedly interfered with HEAVEN ON HIGH.

Mr Hope said he had shifted his horse out 3-wide to improve at the 500m and at the 400m Mr May has shifted outwards, as he had expected him to do, but Mr May’s horse has overreacted and ducked out half a cart width causing him to steer clear causing HEAVEN ON HIGH to become unbalanced and gallop for approximately 50 metres. He said had he not been checked he was adamant he would have beaten Mr May to the finishing post. He confirmed to the Adjudicative Committee that no contact was made in the incident.

Mr May said his horse did overreact in the manouvre, possibly because of the murphy blind JIMMY JAMES MAGUIRE was wearing. He said no contact was made between horses and he straightened his horse immediately. Mr May said he concedes HEAVEN ON HIGH has become unbalanced because of the overreaction of his horse and on observing the video stated had Mr Hope waited for himself to move first Mr Hope would have won the race.

Reasons For Decision:

The Adjudicative Committee has to be satisfied there was interference and had it not been for the interference, HEAVEN ON HIGH would have beaten JIMMY JAMES MAGUIRE. The Stewards, the Adjudicative Committee, and both Mr May and Mr Hope agreed that HEAVEN ON HIGH lost 5 or 6 lengths at a critical point of the race when it became unbalanced and galloped.

Once HEAVEN ON HIGH regained its gait it finished very strongly making up 4 to 5 lengths in the straight on JIMMY JAMES MAGUIRE, and to be only 1 and 1/4 lengths from the winner at the line confirming the merit of Mr Hope’s protest.

After reviewing the race films and evaluating the submissions, the Adjudicative Committee upholds the protest and relegates JIMMY JAMES MAGUIRE from 2nd placing to 4th.

Decision:

The protest is upheld and stakes and dividends are to be paid in accordance with this decision.