Kelly Counsell

The appellant sought to overturn a standardbred racing ruling that found no interference in the homestretch following possible inward movement by another horse.

The Panel applied the racing rule prohibiting movement that forces another horse to shorten stride, change course, or otherwise impedes progress, and held that a placing change also requires a material effect on the race outcome.

Relying primarily on the race video and the evidence of a senior race official, the Panel found no measurable loss of stride, momentum, gait, or course by the appellant's horse.

The appeal was dismissed and the order of finish remained unchanged.

Appeal from a thoroughbred racing ruling placing the winning horse sixth for interference at the start of the race.

The panel held that the race video and the testimony of the race officials established that the horse broke erratically, moved outward, and caused the other horse to check and lose stride.

The panel rejected submissions that the check was insignificant, that the affected horse was non-competitive in any event, and that the absence of a foul claim was determinative.

The panel also gave little or limited weight to late written witness statements that could not be tested by cross-examination.

The appeal was dismissed and the ruling upheld.