R Rotorua 11 May 2024 – R2 – JOSHUA BROWN
ID: RIB42239
Animal Name:
JOSHUA BROWN
Code:
Thoroughbred
Race Date:
11/05/2024
Race Club:
Rotorua Racing Club
Race Location:
Arawa Park Racecourse - 274 - 287 Fenton Street, Glenhome, Rotorua, 3010
Race Number:
R2
Hearing Date:
11/05/2024
Hearing Location:
Rotorua
Outcome: Protest Dismissed
Penalty: N/A
BACKGROUND:
The protest brought under Rule 642(1) alleged that JOSHUA BROWN breached the Rule by “interference over the concluding stages”.
EVIDENCE:
In summary, JOSHUA BROWN came from behind MALMAISON early in the straight. The latter moved out at the 150 metre mark. No contact occurred. At about that point, JOSHUA BROWN moved in slightly to make slight contact with MALMAISON. The margin between those two horses was a head.
Mr Walker expressed the opinion that at 100 metres from the post, JOSHUA BROWN came in so as to “brush” his horse momentarily. He said his horse would have won if JOSHUA BROWN did not come in.
Ms Satherley said her mount was “always going to win and no way” would it have not beaten MALMAISON.
REASONS FOR DECISION:
Rule 642(1) requires an offending horse to “cause interference” in terms of the definitions set out in Rule 642(b). And, but for such interference, that “victim horse” would have finished ahead of the offender.
What Mr Walker fairly described as a “momentarily brushing” could not be classified as “a jostling with another horse” so as to fit in within the description in Rule 642(2)(b)(ii) and neither of the other 2 definitions are applicable. Even so, what occurred did not satisfy the criteria that, in the Adjudicative Committee’s view, MALMAISON would have finished ahead of JOSHUA BROWN, but for the momentary brush.
DECISION:
The protest was dismissed and the Judge’s placings were confirmed as:
1st    JOSHUA BROWN
2nd   MALMAISON
3rd   MURCH
4th   BERNIE’S EGO
5th   FLUTTERBELLE
Decision Date: 11/05/2024
Publish Date: 15/05/2024