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Auckland RC 5 November 2013 - R 8 (instigating a protest)

Created on 07 November 2013

Rules:
642(1)
Committee:
ADooley (chair)
GTankard
Respondent(s):
Mr M McNab - rider of BIOLOGIST
Informant:
Mr L Innes rider of MANNY
Information Number:
A2916
Horse Name:
BIOLOGIST
Persons present:
Mr G Alton - Trainer of BIOLOGIST
Mr M Roustoby - Co Trainer of MANNY
Mr P Smithies - Owner of MANNY
Mr J Oatham - Senior Stipendiary Steward
Evidence:

Following the running of Race 8, Caci Mile, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Innes, alleged that BIOLOGIST placed 1st by the Judge interfered with the chances of MANNY placed 2nd by the Judge.

The interference was alleged to have occurred inside the final 200 metres.

The Judge's placing were as follows:

1st No. 3 BIOLOGIST
2nd No. 6 MANNY
3rd No. 2 UNCLE SUGAR
4th No. 9 BACHELOR'S DREAM

The official margin between 1st and 2nd was a head.

Rule 642(1) states: “If a placed horse or its rider causes interference within the meaning of this rule 642 to another placed horse, and the Judicial Committee is of the opinion that the horse so interfered with would have finished ahead of the first mentioned horse had such interference not occurred, they may place the first mentioned horse immediately after the horse interfered with”.

The Rule was read aloud and all connections present acknowledged they understood the Rule.

Submissions For Decision:

Mr Innes submitted that over the final 200 metres BIOLOGIST came out and shifted into MANNY'S line. He said there was no contact but believed the incident cost him more than the head margin at the finish.

In response to a question from the Committee, Mr Innes stated the incident occurred at approximately the 125 metres and it affected MANNY for 1 stride. He added that MANNY was making ground on BIOLOGIST at the finish.

Mr Roustoby submitted that MANNY was one paced and lost its momentum when BIOLOGIST shifted out near the 125 metres. He believed the incident cost MANNY more than the nose margin at the finish.

Mr Smithies, owner of MANNY, stated that he rang co trainer Mrs Herbert after the race. Mrs Herbert stated that MANNY had a nervous disposition and it was her opinion that MANNY would have won the race had the alleged interference not occurred.

Mr McNab submitted that MANNY had the whole length of the straight to get past BIOLOGIST and was unable to do so. He said there was no contact between BIOLOGIST and MANNY when he shifted out momentarily. He noted that Mr Innes was using his whip in the left hand as MANNY lay out in the straight.

Mr Alton submitted that the incident occurred for only 1 stride at approximately the 125 metre mark and did not accept this had a bearing on the finish. He noted that Mr Innes never stopped riding MANNY forward in the final straight when it had plenty of racing room.

Mr Oatham when asked for the Stewards' interpretation of the alleged interference submitted that MANNY was laying out in the final straight and noted that Mr Innes was using the whip in his left hand. He said BIOLOGIST did not directly take the running line of MANNY and was doubtful there was any significant interference. He submitted that the Stewards do not support the protest.

Mr Innes in summing up submitted that he was making ground on BIOLOGIST and believed he was pushed over 1 ½ horse widths. He said MANNY then took time to wind up again.

Mr McNab in summing up submitted that Mr Innes had moved in and he had the length of the straight to get past BIOLOGIST. He added that MANNY was never going to beat BIOLOGIST.

Reasons For Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. It is significant to note the various films show that the alleged interference occurred for 1 stride at approximately the 125 metres. We note there was no contact between BIOLOGIST and MANNY and Mr Innes continued to ride MANNY forward with the whip. It is noticeable of the head on film that MANNY continued to shift out over the final 100 metres of its own volition.

Therefore, we are not satisfied that MANNY would have beaten BIOLOGIST had such interference not occurred.

Decision:

Accordingly the protest is dismissed and the Judge's placings shall stand. In conclusion we order the payment of stakes and dividends.

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