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Canterbury R 9 November 2011 - R 4 (instigating a protest)

Created on 10 November 2011

Rules:
642(1)
Committee:
RMcKenzie (chair)
KHales
Respondent(s):
DM Walsh - Licensed Jockey
LJ Allpress
AJ Carston
Informant:
MR Pitman - Licensed Trainer
Information Number:
A5316
Horse Name:
Kiwi Hussler
Persons present:
Evidence:

Following the running of Race 4, Curraghmore Stud Premier Open, an information instigating a protest was filed by Licensed Trainer, Mr M R Pitman, by BORNINTHESTATES (L J Allpress), placed 5th by the judge, against KIWI HUSSLER (D M Walsh), placed 4th by the judge, on the ground that KIWI HUSSLER interfered with the chances of BORNINTHESTATES, the alleged interference occurring in the home straight.

Mr Walsh was present at the hearing of the information and he indicated that he represented the connections of KIWI HUSSLER.

Rule 642 provides as follows:
(1) If a placed horse or its Rider causes interference within the meaning of 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. 

Submissions For Decision:

Mr Pitman referred to the head-on video replay. He pointed out KIWI HUSSLER racing on the fence in the trail approaching the turn for home. BORNINTHESTATES had just “peeled out” to make its run. KIWI HUSSLER then came “straight out” and made contact with BORNINTHESTATES “on numerous occasions”. He had barged out and taken BORNINTHESTATES off its line, Mr Pitman said. It was beaten by only a head for 4th placing. Mr Pitman submitted that BORNINTHESTATES would have beaten KIWI HUSSLER but for the interference.

Mrs Allpress said that she had received a beautiful run in behind CROCODILE CANYON. Her mount was travelling “quite nicely” and she was waiting to make her run. As she came out to make her run, there was a lot of pressure from the inside that put her mount off its stride and sent her sideways. All the way up the straight there was pressure from the inside horse, she said. She never had “free running”.

Mr Walsh sought clarification as to at what point in the race did the protest concern. Mr Pitman replied that it was all the way up the straight. Mr Walsh said that he did not have a run coming. The horse on his outside (BORNINTHESTATES) presented him with “half a run” so he made a decision to come out. As he came out, CROCODILE CANYON started to move out and pushed him onto BORNINTHESTATES. He used the video replays to demonstrate this. Mr Walsh suggested that he was riding competitively – he was trying to get a run and Mrs Allpress was trying to keep him in. This would not have happened if CROCODILE CANYON had not drifted out. Mr Walsh said that he was not able to ride his horse out fully, whereas Mrs Allpress had the whip in her right hand and was able to use it.

Mr Walsh, in reply to a question from the Committee, said that he did not believe that he had caused interference to BORNINTHESTATES. He said there was “contact” but it did not amount to interference. Mrs Allpress did not lose any ground, was able to ride her mount with the whip with vigour.

Mr Carston supported that it was competitive riding by Mr Walsh and he pointed out that there was 380 metres to run after the interference in which BORNINTHESTATES had the opportunity to get past KIWI HUSSLER and had been unable to do so.

Chief Stipendiary Steward, Mr C J George, was given the opportunity to comment. He said that it was clear from the video that KIWI HUSSLER had created a run for itself to the outside of CROCODILE CANYON. He said that he believed that CROCODILE CANYON had no bearing on the incident at the 350 metres. There was no run and contact from KIWI HUSSLER taking BORNINTHESTATES outwards. That said, there was still 350 metres to run in the race and, thereafter, both horses were able to be ridden with vigour, which was evident from the video. The margin at the finish was a head, he said. 

Reasons For Decision:

The Committee found that there was interference caused by KIWI HUSSLER to BORNINTHESTATES approximately 350-400 metres from the finish when Mr Walsh on the former eased out for a run from behind CROCODILE CANYON. In doing so, he jostled BORNINTHESTATES on his outside for several strides. The interference was minor, in the Committee’s view, and the Committee did not accept that any significant interference took place subsequent to that initial incident, despite the two horses brushing on several occasions.

Having found that interference took place, the Committee next needed to determine whether, but for that interference, BORNINTHESTATES would have finished ahead of KIWI HUSSLER. The Committee was not satisfied, notwithstanding the margin of a head, that this would have been the case. It was significant that the interference took place some 350 metres from the finish. BORNINTHESTATES did not appear to be significantly affected and, from that point, had a clear run to the finish and was able to be and was fully ridden out by its rider, Mrs Allpress, but did not make any ground on KIWI HUSSLER over the final stages. It was pivotal to the Committee’s finding that BORNINTHESTATES was able to be fully ridden out over the concluding stages. 

Decision:

The protest was dismissed and the judge’s placings for the race stand. 

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