Frosty Heir reinstated

Press, 11 March 1988, Page 27

Frosty Heir reinstated

PA Dunedin Frosty Heir was reinstated as the winner of the B. J. McCorkindale Handicap at the Otago Racing Club's meeting on December 26 after an appeal hearing at Wingatui yesterday. The appeal was lodged by Christchurch barrister and solictor Brian Kinley, on behalf of the connections of Frosty Heir. Frosty Heir was first past the post by a length from Noble Pal. The placings were subsequently reversed by the judicial committee of the Otago Racing Club on the grounds that Frosty Heir crowded Noble Pal near the 100 metres. Noble Pal was on the inside and about three quarters.of a length from Frosty Heir when the alleged interference took place. Raymond Bruce, the rider of Frosty Heir, was suspended for one day in regard to the incident. The appeal committee, comprising Reg Hall (chairman), Les Lane and Mike Read, ascertained that Frosty Heir interfered with Noble Pal and that the interference caused Noble Pal's rider, Leslie Didham, to check and come on the outside, thereby losing ground. It was established that the inward movement of Frosty Heir was slight from the 200 m and that

the horse was at least a length clear of Noble Pal.

The committee held Didham had taken a gamble going for the gap on the inside as the least tightening would have made it impossible to get through.

The committee was not satisfied that Noble Pal met sufficient interference to prevent him winning.

The committee was critical of the judicial committee’s decision. “In view of the evidence presented to the original inquiry, the chairman should have addressed the question of the requirements of Rule 277 in his decision with particular reference to the degree of interference, apportionment of blame, if any, the probable consequences and the committee’s discretion.” The absence of a film giving a diagonal view of the run home was also criticised. The only film available to both committees was a head-on view in the straight. It was suggested that a film tape showing a diagonal view from the 800 m tower be made available at inquiries. There was conflict in the evidence as to the distance out that the alleged interference occured, the extent of move-

ment inwards of Frosty Heir and the distance Frosty Heir was ahead of Noble Pal at the time. Mick Didham. the trainer of Noble Pal, represented Jim Palmer, the owner of Noble Pal. Evidence was heard from Jock McCulloch, the stipendiary steward. Leslie Didham and Bruce.