A MAGIC MILLIONS MEMORY - THE PROTEST THAT PROMPTED A MILLION DOLLAR DECISION

By Graham Potter | Monday, January 4, 2016

He probably had it all going for him before this moment but, for some, the immediate aftermath following the running of the Magic Millions Two-year-Old Classic on January 14, 2012 marked the moment when Tommy Berry came of age ... or at very least gave him the mantle of a special competitor destined to go all the way to the top.

To protest against your own stable, particularly when you are riding for Gai Waterhouse, showed courage, confidence and commitment to the cause, all attributes of a true winner. This article was first published on HRO on January, 2012 but the drama of that particular day four years ago is well worth re-living here in the build-up to this year’s $10 million race-day on Saturday.

There was high drama in the $2 million Magic Millions Two-Year-Old Classic when the Gai Waterhouse trained stable-mates No Looking Back and Driefontein fought out a rousing finish on the track and then took their battle into the stewards’ room.

No Looking Back, easily the lesser fancy of the two, was first across the line and the celebrations of the connections of the bay filly were already well under way when Tommy Berry, the rider of the second placed Driefontein, confirmed to stewards that he wanted to view the race video to ascertain whether he had sufficient grounds to fire in a protest.

Waterhouse and her two riders, Berry and Nash Rawiller viewed the video together. They then left the Stewards’ room and were briefly locked in a private, earnest three-way discussion at the end of the corridor in the jockey’s room. Soon after that an official protest was lodged by Berry who alleged that No Looking Back had interfered with Driefontein over the final 150m of the race.

That’s when the stewards were faced with a million dollar decision. Now it was in their hands who would get the $1,140,000 first prize!

Tommy Berry argued: “Nash has come past me. He’s probably put half-a-length on me. I’ve then made ground to get up within about say a neck of him. From that time he hung a bit on top of me with a bit of a bump. My one became a bit unbalanced.

“When she went to come again, from about the 70m onwards, we were carried out about three or four horses. It got my mount quite unbalanced. You can see mine was coming back after that again because he probably put half-a-length on me and we’ve only been beaten a neck on the line.”

Rawiller asked Berry whether he, at any stage, had to stop riding.

“Yes. I had to put the stick away” (over the concluding stages) was Berry’s answer.

Rawiller then added his point of view: “I don’t believe he has stopped riding.

“Initially the shift, probably coming down towards the 200m …Tommy’s mount has rolled into mine. The initial contact would have been when his mount shifted in to me. No doubt, from that point, my horse had a slight tendency to move out. She went through and got a half-length in front and in my opinion the best horse has won.”

For Gai Waterhouse, who had listened attentively to the evidence, the percentages were not going to change whatever the final outcome. She had saddled the big race quinella whichever way the stewards’ decision came down and it was only appropriate, given her loyalty to both sets of connections, that she declined an offer put forward a comment to the inquiry on behalf either set of connections.

After deliberating the stewards upheld the protest and reversed the first two placings with Driefontein elevated to the winning position and No Looking Back being relegated into second place.

The million dollar decision had been made.

Speaking after the official result had been declared Tommy Berry, who was winning his second successive $2 million Two-Year-Old Classic said, “I do feel for the connections of No Looking Back. It did hurt a little bit taking the race away from somebody else in the stable. It’s a bit bitter-sweet.

“I feel sorry for Nash (Rawiller). He’s probably become one of my best mates. He’s helped me out the whole way, so I do feel for him as well.

Nash Rawiller, for his part, could do nothing else but accept the stewards’ decision.

“I’ve really got very little to say. My horse crossed the line first and it’s just unfortunate what happened. Just remember, my horse has done a tremendous job. Full credit to her.”

The relevant extract from the stewards’ report reads:
Following this race, T. Berry, rider of the 2nd placegetter Driefontein, exercised his right to view the film of the race to ascertain whether he had grounds to lodge a protest against No Looking Back being declared the winner. After viewing the film an objection was lodged by T. Berry alleging interference over the final 150m.

After taking evidence from the relevant parties, stewards were of the view that No Looking Back did commence to shift out under pressure approaching the 100m and continued to do so until the winning post, which resulted in Driefontein being taken wider, and inside the final 50m being impeded to the extent that rider T. Berry was unable to fully test his mount.

Stewards were comfortably satisfied that had Driefontein been able to maintain its rightful line of running and been able to be fully tested by its rider, T. Berry, Driefontein would have finished ahead of No Looking Back.

As a result the protest was upheld and the Judge's placings were amended accordingly. At a subsequent inquiry, N. Rawiller, rider of No Looking Back, was issued with a reprimand and advised to make greater efforts to stop riding and straighten his mounts in similar circumstances in future.

And for those who thought Rawiller’s win on Kontiki Park three races later gave the rider some consolation and lightened the day for him a bit … well, it did and it didn’t.

The win was on the board and this time no-one was looking to take it away from him, but once again the result came with a down-side, as was recorded in this Stewards’ Report Extract from that race.

N. Rawiller, rider of Kontiki Park, was found guilty of a charge of careless riding, in that he permitted his mount to shift in when insufficiently clear of Racing Heart (J. Byrne), resulting in that horse being taken in on to From London (T. Bell), which in turn was tightened on to Emvoss (J. Bowditch), resulting in From London and Emvoss having to be severely checked. Hidden Kisses and Break The Ice, which were trailing, also had to be checked.

In assessing penalty, stewards believed that the degree of carelessness exhibited by N. Rawilller in this incident to be high, and therefore stewards suspended his licence to ride in races for a period covered by 12 meetings, to commence at midnight, 21 January and to expire at midnight, 8 February. A fine of $2000 was also imposed.

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