Wyndham HRC 12 October 2023 – R3 – KNOCKSHANBALLY
Wyndham Harness Racing Club
Wyndham Racecourse - Alma St, Wyndham, 9892
Outcome: Protest Dismissed
Mr Renault alleged that in Race 3, KNOCKSHANBALLY (Ms S Tomlinson), gained an advantage on the final bend by racing inside the track markers.
Judge’s placings are:
1ST – 9 LA MOTH
2ND – 13 KNOCKSHANBALLY
3RD – 1 SHERWOOD MAGGIE
4TH – 10 I’M WATCHING YOU
The protest was under r 869(7B) against KNOCKSHANBALLY’s 2nd placing being awarded alleging the gelding gained an advantage on the final bend when racing inside track markers and thereby obtaining a run to which it was not entitled.
Rule 869(7B) 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 or relegated to behind any horse in respect of which an advantage may have been gained except where it is established that the breach was caused by interference by another horse or driver.”
Mr Renault demonstrated on the videos that on the last bend Ms Tomlinson struck one track marker and went inside another. He said she had gained an advantage in so doing. He said there was no run available for her and she should have waited till later. She had gained a position she was not entitled to.
Ms Tomlinson said the reason she hit one marker and went inside another was because Mr O’Connell, who was racing to her outside, had first shifted out and had then come back down, and had put her in restricted room. She said when he came down, she had had to restrain her horse, or she would have hit his wheel. She added she had yelled at Mr O’Connell who had then shifted back out to try to give her room.
Mr O’Connell gave evidence. He said he had shifted out to follow Mr Milne but his horse was not going well enough, so he did not. He was not sure if he was fully out, though. He said FOUR STARZZZ SHIRAZ was hanging and had shifted back down. He had heard Ms Tomlinson yelling and he had shifted FOUR STARZZZ SHIRAZ back out. He said he was not aware at the time where Ms Tomlinson was, but he thought she was making ground quickly. He said he thought he had enough room to get back down but Ms Tomlinson may have already been there.
Reasons for decision
Rule 869(7B) provides that a horse is to be disqualified or relegated to behind any horse in respect of which an advantage may have been gained except where it is established that the breach was caused by interference by another horse or driver. The videos do not demonstrate clearly where Ms Tomlinson was when Mr O’Connell shifted back down. He is not clear in his evidence as to where she was, but he states that he heard yelling as he did so and shifted back out. Ms Tomlinson’s evidence is very clear. She was racing inside Mr O’Connell when she ran over one marker and inside another due to her running out of room when Mr O’Connell, who has shifted out, came back down. Mr Renault is correct when he says Ms Tomlinson gained an advantage, but the horse is to be disqualified only if it moves inside the marker line free of interference.
The evidence before the Adjudicative Committee is such that it concludes that KNOCKSHANBALLY went over the markers due to interference from FOUR STARZZZ SHIRAZ. In these circumstances, the protest is dismissed.
Stakes and dividends are to be paid as called by the Judge.
Decision Date: 12/10/2023
Publish Date: 18/10/2023