Elegantimage appeal considers culpability of R Dutchess and Tim Tetrick

by Melissa Keith

The morning of Friday (Nov. 7), three Grand Circuit drivers took part in a virtual hearing about the $273,750 (U.S.) Grade 1 Elegantimage final at Woodbine Mohawk Park on Sept. 20. The Ontario Horse Racing Appeal Panel (HRAP) heard statements from Dexter Dunn, Louis-Philippe Roy, and Tim Tetrick concerning an incident near the quarter pole which led to the disqualification of winner R Dutchess (3, 1:52s; $486,351).

As previously reported in HRU, the ruling against the Susanne Kerwood (Canada) and John Butenschoen (U.S.) trainee was swiftly appealed.

At Friday’s hearing, Fred Brethour represented the registrar, while Jean-Marc MacKenzie was counsel for the appellant.

Brethour presented an opening statement:

“It is the opinion of the registrar that the horse R Dutchess, [driven] by Tim Tetrick, violated AGCO [Alcohol and Gaming Commission of Ontario] rule number 22.05.01a that states changing course or position, in or out, or bearing in or out during any part of the race to manage [or] compel another horse to take back, shorten its stride, or lose stride [is a violation]. In turn, because of the interference, the horse R Dutchess finished first and was placed 11th behind the horse that [she] had interfered with, number 2 Global Heritage, driven by Dexter Dunn, and that is on the basis of rule 2209.”

AGCO rule 2209 states: “In the case of interference, collision, or violation of any rules, the offending horse may be placed back one or more positions in that heat or dash, and in the event of such collisions, interference or violation preventing any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings and the driver may be assessed a monetary penalty or suspended. If a horse is set back, it must be placed behind the horse with which it interfered.”

Video footage was the cornerstone of the appeal hearing, with the three drivers involved each asked to explain what was happening in the moments before R Dutchess bore in on Global Heritage in the Elegantimage final. Had Lasting Dream, who was second-placed-first, set off a chain reaction on the turn, or was Roy’s filly already clear of R Dutchess when she caused Global Heritage to break?

MacKenzie told HRAP chair Stanley Sadinsky that he would reserve his opening statement.

Dunn was the first witness called by Brethour.

The New Zealand native said he was “probably in [his] 19th season” of driving and in his “seventh or eighth year driving in the United States, driving mostly Grand Circuit races throughout the season over here.”

Brethour asked Dunn if he could recall what happened in the Elegantimage final.

“Yes sir,” replied the driver. “We raced them into the first turn. I was driving Global Heritage, and as… Mr. Tetrick… was going to drop [R Dutchess] in front of me and race around the first turn, it got tight when I was down the inside.”

Participants were next shown video footage from the upper pan and front tower cameras, as requested by Brethour, who added of the latter, “They don’t seem to have as much value, but I do want them shown.” Five different perspectives on the interference were ultimately displayed, including lower pan, back tower, and apex, at varying playback speeds. “I just wanted it noted that these are the shots that we have to adjudicate with,” he said.

Dunn identified himself as driving Global Heritage (3, 1:52s; $151,780), wearing the black-and-blue colors of owner Lindy Farms of Connecticut. He told Brethour that “contact was made” between R Dutchess and his own filly near the quarter pole.

“I obviously had two horses outside me,” Dunn said. “I couldn’t say where the pressure come from, exactly, with Mr. Tetrick being the one [closest] outside of me, you know, it was the bike of his horse that contacted my horse.”

Dunn said he could not recall whether any drivers called out during the incident.

MacKenzie next asked Dunn about the position of Global Heritage relative to the other fillies approaching the quarter, as video from the race was shown. At moments, the driver said he was unable to see what was happening in the replays.

“[Tetrick] is in the two-wide lane, by the looks of it, but like I said before, from this angle, it’s awfully hard to make an assumption,” Dunn told MacKenzie. “I mean, honestly, I just had pressure from the outside. I had two horses outside of me… I mean, it’s hard to pick one or the other, sir, because both horses are coming down at the time.”

MacKenzie asked the driver if he had spoken with Tetrick immediately after the race in question, “indicating to him that it wasn’t his fault, it was the outside horse [Lasting Dream] pushing down on him.”

“I kind of agreed with that at the time, yes,” Dunn said.

MacKenzie inquired about the direction in which the drivers were looking at the time of the incident.

“Mr. Roy was looking to his left, Mr. Tetrick looks like he’s looking straight ahead,” said Dunn, examining a full-screen replay angle from the upper pan camera. He added that he was unable to tell who was responsible for bearing in on his filly when they were three-wide, with Global Heritage on the inside.

David Stewart was the next to answer questions, speaking as witness for the registrar. He stated that he began his career as a racing official with the Ontario Racing Commission in 2008 and had been an AGCO senior racing official for about a decade. Stewart stated that he was the senior judge at Woodbine Mohawk Park on Sept. 20.

Brethour asked Stewart to “explain to the Panel what happened that evening, during that race.”

The senior judge recalled seeing “six horses that are all kind of leaving and getting out for position.

“Number 10, Louis Roy, is currently at the head of the 9 horse right now. He is three-wide going into the turn. Dexter Dunn’s horse is along the rail; Mr. Tetrick is in about the two-and-a-half-wide path there, following second-over. He starts coming down, and as the horse is coming to the rail, you can see where his horse’s head is cranked, that [she] is running in, and at that point, [she] gets down into the front legs of Mr. Dunn’s horse and causes that horse to go off-stride. After that, then, Mr. Tetrick gets to the rail, with Mr. Roy still on his outside.”

Video footage from the start to the moment of contact was shown, with the front tower shot requested by Brethour. Stewart said the replay showed “Mr. Roy cross[ing] over in front of Mr. Tetrick so he is clear and he is past him,” followed by “Mr. Tetrick angling [R Dutchess] down towards the rail [while] Mr. Roy is still in his position on the outside of Mr. [Yannick] Gingras on the 5 horse [Highlandstarburst].”

The senior judge said he could see “where [R Dutchess’] head is cranked out… because [she] is running in, and because the horse is running in, [she] gets down into Mr. Dunn, causing [Global Heritage] to go off-stride.”

Stewart said that Dunn said that he was unsure “who was at fault” after the race, but he felt that first-turn action “caused his horse to be crowded and number 9 [R Dutchess] got into them and then [Global Heritage] unfortunately made a break.” He added that Louis-Philippe Roy “stated that he maintained his path [with Lasting Dream]. He just took what room was given to him there on the outside and he didn’t crowd number 9.”

Roy himself joined the hearing a little later than expected. He had driven three horses to wins in Friday morning qualifiers at Mohawk: top older pacer Ervin Hanover, 2-year-old filly pacer My Girl Friday, and, coincidentally, Elegantimage winner-by-placing Lasting Dream (3, 1:51.3f; $554,811).

Next week’s column will cover the testimony given by Roy and Tetrick. Final submissions were made Friday (Nov. 7); the HRAP has reserved its decision on the matter, which will be announced at a later date.