A delighted Amanda Perrett has won back a race she lost in the stewards’ room by persuading a disciplinary panel to reinstate her Count Otto as the winner of a sprint handicap at Epsom a fortnight ago.
The Pulborough trainer presented her own case at a 90-minute hearing July 25 and her view prevailed over that of the BHA, which hired barrister Fiona Wise to argue the stewards had been right to demote 15-2 shot Count Otto for causing interference to Magical Merlin, the 2-1 favorite.
“We had a very fair hearing and the horse deserved the win,” Perrett said. “It’s the first time I’ve taken part in a hearing online. I did visit Portman Square many years ago. Not so fortunate on that occasion, but we had a stronger case this time.
“His owners have been so patient and it was tough to have the race taken away from them. I didn’t really think the horse did anything wrong, so it was nice to get it back.”
The Epsom stewards ruled the result had probably been affected by Count Otto hanging right for most of the straight, “intimidating and moving the fast-finishing Magical Merlin notably off its line for most of the final furlong, to be beaten by a quickly diminishing neck.”
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They described it as accidental interference, accepting that Benoit de la Sayette had done his best to keep Count Otto straight.
Wise told the panel that the Harry and Roger Charlton-trained Magical Merlin had been carried seven to eight horse-widths across the track and noted that, when Count Otto finally straightened up in the final seconds of the race, the other horse closed rapidly to be beaten by “the shortest possible neck, almost a head.”
Adam Farragher, rider of Magical Merlin, said his mount had lost momentum by repeatedly changing his leading leg in response to the intimidation he suffered.
But, showing significant advocacy skills, Perrett painted a picture of her horse as the best in the race, having put the race to bed before a meaningless late rally by the runner-up, who was “flattered” by his eventual proximity.
“Magical Merlin had no momentum taken away from him,” she said. “He was able to keep his momentum and had a full three furlongs to go past but never did so, even three strides past the line. He was never snatched up, didn’t change his stride pattern, and the jockey was able to keep riding.”
Cross-examining Farragher, she put it to him: “Near the line, the pushing action of your elbows is far stronger and more vigorous than that of my jockey. You’re really throwing the kitchen sink at your horse.” Meanwhile, de la Sayette was hampered by having to straighten Count Otto.
Perrett pointed to Pablo Del Pueblo, running loose down the outside rail after unseating his jockey at the start. “Magical Merlin sees this horse on his outside and it acts as a bit of a hare and encourages him to go forward,” she said. “But even past the line, he hasn’t consented to go by my horse.”
The panel spent half an hour considering its verdict before chairman Philip Curl revealed it was not persuaded Magical Merlin would probably have won with a clear run. He thanked both sides for the clarity of their arguments in assisting with a difficult decision.
The 8-year-old Count Otto won again Monday night at Windsor. He holds an entry in the Stewards’ Cup at Goodwood Aug. 5, when he would be likely to run in the consolation race if declared.
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