Tuapeka HRC 24 October 2021 – R 7 – Protest AMERICAN EYRETIME

ID: RIB5414

Respondent(s):
Brent Barclay - Driver

Applicant:
Mr V Munro ( Stipendiary Steward)

Adjudicators:
Mr Nigel Skelt

Persons Present:
Mr S Renault (Stipendiary Steward)

Information Number:
A16004

Decision Type:
Protest

Rule(s):
869 (7B)

Plea:
Contested

Protest:
Against first placing.

Animal Name:
American Eyretime

Code:
Harness

Race Date:
24/10/2021

Race Club:
Tuapeka Harness Racing Clun

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R7

Hearing Date:
24/10/2021

Hearing Location:
Ascot Park Invercargill

Outcome: Protest Upheld

Penalty: AMERICAN EYRETIME disqualified from 1st placing

EVIDENCE:

Following the running of Race 7, the Crawford Family / Life Members Mobile Pace , Stipendiary Steward, Mr V Munro instigated a protest into the first placed runner American Eyretime alleging a breach of rule 869(7B) in that American Eyretime raced over a track marker in the early stages of the run home and gained an advantage by doing so.

Rule 869(7 B) states, where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.

Mr Barclay stated that he understood the Rule and he was representing the Connection of American Eyretime .

The provisional placings are

1st – No 10 American Eyretime (B Barclay)

2nd – No 4 Insarchatwist (K Barclay)

3rd – No 9 The Other Brother (J Douglas)

4th – No 13 Rakastella (P Hunter)

The official margins were, a head.

SUBMISSIONS:

Mr Munro asked Stipendiary Steward, Mr Renault to highlight on the various video clips (head on , side on)  showing American Eyretime entering the home straight trailing AB,S Tenants (S Tomlinson) with Rakastella (P Hunter) racing on the outside of AB,S Tenants.

Mr Renault stated that Mr Barclay has manoeuvred his horse American Eyretime on the inside of AB,S Tenants when there was insufficient room and in doing so he has run over a track marker and in his opinion gained a clear advantage in doing so.

Mr Renault said that American Eyretime would not have gained the run for at least another 10-15 metres and as a result he has gained an advantage over the other runners to the winning post .

Mr Munro added that the Rule is clear in this instance and in his opinion American Eyretime has gained a clear advantage.

Mr Barclay admitted that he had run over the marker but he believed that he took a safety option in that he believed AB,S Tenants and Rakastella may have locked wheels and as a result he took evasive action as he believed if he did not do so then he may have run over the top of them.
Mr Barclay also said that Rakastella was laying in onto AB,S Tenants.

Mr Renault further highlighted that neither AB,S Tenants and Rakastella did not lock wheels and ran in a straight line to the winning post.

REASON FOR DECISION:

On reviewing the race films of the concluding stages it is clearly apparent that American Eyretime has run over the marker and gained an advantage from doing so in his run to the winning post. He would have been denied this run for at least 10-15 metres if he had stayed in his trailing position. It was also noted that the official margin between the first horse and second horse was a head.

CONCLUSION:
The protest is upheld and American Eyretime is disqualified from first placing .

The official amended judges placings are ,

1st – No 4 Insarchatwist

2nd – No 9 The Other Brother

3rd – No 13 Rakastella

4th – No 5 AB,S Tenants

In accordance with the amended placing payment of dividends is authorised.

 

Decision Date: 24/10/2021

Publish Date: 26/10/2021