Otaki-Maori RC 8 November 2023 – R8 – ALL IN BLACKBERRY

ID: RIB29533

Kevin Myers - Trainer

Mr Joe Doyle - Jockey

Mr Bruce Mainwaring

Persons Present:
Mr N Goodwin, Mr J Oatham, Mr J Doyle, Mr V Keegan, Ms L Sutherland, Mr K Myers

Information Number:

Decision Type:

642(1) - Other - Protest Rule


1st equal (LOVE NESST) v 1st equal (ALL IN BLACKBERRY)

Animal Name:


Race Date:

Race Club:
Otaki-Maori Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:

Hearing Date:

Hearing Location:
Otaki Maori Racecourse 47 Te Roto Road Otaki 5512

Outcome: Protest Upheld

Penalty: N/A


Following the running of Race 8, the ‘Vets on Riverbank Handicap’, an Information was filed instigating a Protest pursuant to Rule 642(1) of the NZTR Rules of Racing. The Applicant, Mr Joe Doyle, alleged that horse No. 10 (ALL IN BLACKBERRY) placed 1st equal by the Judge, interfered with the chances of horse No. 7 (LOVE NESST) placed 1st equal by the Judge.

The Information noted that the interference was alleged to have taken place near the 250 metres.

The Judge’s provisional placings were as follows:

1st =     No. 7     LOVE NESST

1st =     No. 10   ALL IN BLACKBERRY

3rd       No. 13    ALBUFEIRA

4th       No. 2      FAMILY AFFAIR

Rule 642(1) provides:

“If a placed horse or it’s rider causes interference within the meaning of this Rule 642 to another placed horse, and the Adjudicative Committee is of the opinion that the horse so interfered with would have finished ahead of the first mentioned horse had such interference not occurred, they may place the first mentioned horse immediately after the horse interfered with”.


Prior to hearing submissions from respective parties, the Adjudicative Committee requested viewing of all available film. The relevant horses were identified and alleged interference highlighted.

Mr Doyle protested on the grounds that at the 250 metre mark, his mount was looking to improve on the inside of ALL IN BLACKBERRY (Ms L Sutherland). At this point, ALL IN BLACKBERRY is seen to move in sharply (as a result of being struck).  Mr Doyle commented that this movement ”knocked my filly over”. He was adamant that if the movement did not occur, he would beaten the other horse. Mr Keegan (Trainer – LOVE NESST) had nothing to add other than agreeing with Mr Doyle’s interpretation.

When asked for comment, Ms Sutherland suggested that LOVE NESST overreacted to the movement of her mount. Mr Myers (Trainer – ALL IN BLACKBERRY) questioned whether there had been any interference, noting Mr Doyle had not stopped riding.

Senior Stipendiary Steward Mr Goodwin, outlined Stewards’ interpretation of the incident. He was of the view that interference had occurred.

Reasons for Decision:

In accordance with the pertinent Rule, the Adjudicative Committee must firstly establish that interference occurred, and secondly, if interference is established, the horse interfered with would have beaten the other runner, had such interference not occurred.

Upon interpretation of film, the Adjudicative Committee identified that LOVE NESST was looking to improve at the 250 metre mark. Given the gap available, the horse was entitled to be where she was. The movement of ALL IN BLACKBERRY does force LOVE NESST away from her line, with a loss in momentum resulting. It is worthy of note, that physical contact is not a prerequisite to interference affecting the chances of another horse. Interference is therefore established.

Subsequent to the interference, LOVE NESST recovered with a dead heat for first place resulting. The Adjudicative Committee therefore determined that devoid of the identified interference, LOVE NESST would have beaten ALL IN BLACKBERRY. The protest is therefore upheld.


The protest is upheld with amended placings as follows:

1st       No. 7     LOVE NESST

2nd      No. 10   ALL IN BLACKBERRY

3rd       No. 13   ALBUFEIRA

4th       No. 2     FAMILY AFFAIR

The Adjudicative Committee authorised the payment of stakes and dividends in accordance with  the amended placings.

Decision Date: 08/11/2023

Publish Date: 09/11/2023