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Levin RC 17 December 2015 - R 1 (instigating a protest) - Chair, Mr N McCutcheon

Created on 22 December 2015

Rules:
642(1)
Committee:
NMcCutcheon (chair)
PWilliams
Respondent(s):
Ms R Myers - Rider of DEEDEE PANACHE (1st)
Ms K Myers - Rider of MUSIC MAESTRO (2nd)
Informant:
Mr G Vile - Trainer of FLYING QUEST (4th)
Information Number:
A6832
Horse Name:
DEEDEE PANACHE and MUSIC MAESTRO
Persons present:
Mr G Vile - Trainer of FLYING QUEST
Mr J Riddell - Rider of FLYING QUEST
Mr J Lynds - Trainer of DEEDEE PANACHE
Ms R Myers - Rider of DEEDEE PANACHE
Mr G Hewson - Owner of DEEDEE PANACHE
Mrs K Zimmerman - Trainer of MUSIC MAESTRO
Ms K Myers - Rider of MUSIC MAESTRO
Mr N Goodwin - Stipendiary Steward
Evidence:

Following the running of R1 Madge Coachlines 3YO Maiden, an information was filed with the judicial committee pursuant to Rule 642(1). The informant, Mr Vile, alleged the first placed horse DeeDee Panache and the second placed horse Music Masetro had caused interference to his horse Flying Quest (4th) over the concluding stages. In effect two protests were lodged, but as the alleged interference occurred almost simultaneously, all of the evidence was heard together, with the committee then deliberating to reach its decision.

The judges’ placings were as follows:

1st DeeDee Panache
2nd Music Maestro
3rd Stumblin In
4th Flying Quest
5th Vergara

The official margins were a nose, ¾ length, nose.

Rule 642(1) reads:

“If a placed horse or its rider cause 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 with all connections present acknowledging that they understood same.

Submissions For Decision:

Mr Vile showed the films and said that Rosie Myers made definite inward movement on to his horse and that there was an outward movement from Kelly Myers' horse. He said that the gap was his and his horse was entitled to that gap and that it was entitled to be there and not be squeezed out. He said that there was clear movement in by Rosie Myers and outwards movement by Kelly Myers.

Mr Riddell, rider of Flying Quest, said that when he went for the run both horses ahead shifted and it was a sandwich effect and his horse was reluctant to go into the gap. He added that Kelly Myers had hit his horse across the nose two or three times (with whip) and that you could clearly see his horse throwing its head up and not liking it. He concluded by saying by being sandwiched out of it and being hit on the nose, this cost his horse the chance of winning the race, as he was not given his rightful running to the line and even after the line, he said he was almost clipping heels and that there was a chance he could have fallen.

Ms R Myers, rider of DeeDee Panache, showed the committee on the films, that she eased out for a run early in the straight and was racing on a dark mown strip of grass and maintained that line all the way up the straight. She said that she may have moved in a fraction but she felt that her horse had maintained a pretty straight line. She added that she even put the stick away to maintain the straight line and that if there was any movement it was very very minor.

Mr Lynds, trainer of DeeDee Panache, said that he concurred with what his rider had said, that it was always a marginal gap, and that before Flying Quest attempted the gap ahead it was flat. He added that whilst there was slight movement, that in his opinion, it was insufficient to change the placings.

Ms K Myers, rider of Music Maestro, said that her horse kept a straight line; she said that she pretty much kept a straight line and that it would have been difficult to have gone any straighter. She added that it was always a marginal gap between the two leaders.

Mr G Hewson, owner of DeeDee Panache, said that the biggest effect was that the horse Flying Quest got whacked over the head. He added that Flying Quest was going in to a tight gap.

Mrs Zimmerman, trainer of Music Maestro, said that as far as she could see her horse had kept its line.

Mr Goodwin said that Mr Riddell had shifted into a gap that was always marginal. He said that he did not believe Ms K Myers' horse had shifted off line, and that there may have been minimal movement from Ms R Myers' mount over the final stages. He added that the reason Flying Quest was hit over the head by the whip, was due to the gap always being marginal and that Ms K Myers was not obliged to stop riding. He concluded by saying that the first and second placed horses seemed to be holding the fourth placed horse at the line.

Reasons For Decision:

The committee found over the final stages of the race Flying Quest attempted to improve into what was a marginal gap between Music Maestro (inside) and DeeDee Panache (outside). The film evidence, in the opinion of the committee, was very clear that if either of those runners shifted, it was indeed extremely minimal. It was accepted by the committee that Flying Quest was struck on the head area by the whip of Ms K Myers. The gap between Music Maestro and DeeDee Panache was marginal prior to and when Flying Quest attempted to go forward. In the opinion of the committee this had the effect of preventing Flying Quest from galloping as freely as it may have done so with a little more room. The committee was not satisfied that what had occurred over the final stages of the race, was the fault of either DeeDee Panache or Music Maestro.

Decision:

The two protests fourth against first and fourth against second were dismissed.

Authorisation was given for dividends and prize money to be paid in accordance with the judges’ placings.

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