Racing: Inquiry decision to relegate filly infuriates Kelso

Kings Rose beats Magic Briar and Twilight Savings in the 1000 Guineas. Photo / Getty Images

Matamata trainer Ken Kelso sought legal advice as to his options after his filly Magic Briar was relegated from second to fifth in Saturday's $300,000 New Zealand Bloodstock 1000 Guineas at Riccarton on Saturday.

He has been told there is nothing he can do.

Kelso was distraught yesterday over the Judicial Control Authority decision which he says is wrong and has cost his owners at least $300,000 in broodmare residual value on Magic Briar.

Kelso says it is the worst judicial decision he has seen in 30 years in the racing industry, something he told chief steward Cameron George, who gave evidence against Magic Briar in the judicial room.

It is not difficult to side with Kelso's argument.

The case against Magic Briar involved her inward movement from the home turn.

There was no question that occurred and the filly's rider Hayden Tinsley did not deny it.

But Magic Briar straightened and when the interference occurred she was maintaining that straight line.

Twilight Savings, behind and inside Magic Briar's line, became involved in a three-horse tangle with Miss Maximuss and the hot favourite, We Can Say It Now.

There was no physical contact between Magic Briar and Twilight Savings and while there does not need to be to prove interference - that can be achieved by merely dictating a line - there was ample room for Twilight Savings to improve into the gap.

Instead of doing that cleanly, she leaned inwards and away from Magic Briar when there was room directly ahead and started the volatile three-way, back-and-forth interference.

The right of appeal in such cases was removed with the introduction of the Judicial Control Authority several years ago. Raceday judicial decisions stand.

"First and foremost, the filly should not have been relegated," said Kelso.

"Beyond that there are the owners' losses to consider, and I'm one of them. I own a quarter share. The $50,000 stake is bad enough, but worse than that is the fact there is no other race for her to replace that lost group one placing.

"She's not an Oaks filly - we had to stretch to get her to the 1600m, so, in effect, she has lost the opportunity to be group one placed."

Hayden Tinsley argued vigorously against his charge of careless riding, but was found guilty and suspended for two weeks (nine racedays) and fined $1000.

Kelso admits he erred when he slammed the door of the Riccarton judicial room after hearing the decision.

"But I was completely gutted and I still am.

"In the hour after the inquiry, I had 10 calls and 20 txts from people who watched the head-on replay of the incident and I swear every one of them said the same thing: that we've been done.

"And some of them are very good judges at reading races."

One of the best, because he's been there often himself, is wheelchair-bound ex-rider Tony Williams.

"I can't believe that decision," Williams told the Herald last night.

With no recourse, Ken Kelso last night found the little bit of good there always is in something bad.

"I guess it would have been worse if we'd won and had it taken away."

1000 Guineas

* Brilliant win by King's Rose for Hong Kong owner Gene Tsoi.

* Trainer Ken Kelso is extremely upset his filly Magic Briar was relegated from second to fifth.

* Kelso says it will cost the owners, including himself, around $300,000 in residuals.