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Waikato RC 13 May 2013 - R 6 (instigating a protest)

Created on 14 May 2013

Rules:
642(1)
Committee:
ADooley (chair)
Respondent(s):
Mr G Rogerson - Trainer of Seams Like Magic
Mr S Wenn - Trainer of Skai Glen
Informant:
Mr M Cropp - Rider of Black Attack
Information Number:
A2100
Horse Name:
Seams Like Magic, Skai Glen
Persons present:
Mr R Hutchings - Rider of Seams Like Magic
Mr P Ormsby - Rider of Skai Glen
Mr A Coles - Stipendiary Steward
Evidence:

Following the running of Race 6, Mark Walker Leads Signapore Premiership 1670, an information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Cropp, alleged that Seams Like Magic placed 3rd by the Judge and Skai Glen placed 4th by the Judge interfered with the chances of Black Attack placed 6th by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st No.    4   PROSPERO
2nd No. 13   SOPHIE CLAIRE
3rd No. 14   SEAMS LIKE MAGIC
4th No.   9   SKAI GLEN
5th No.   2   CHART THE STARS
6th No.   1   BLACK ATTACK

The official margin between 3rd and 6th place was 4.6 lengths.

The official margin between 4th and 6th place was 4.1 lengths.

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”.

Submissions For Decision:

Mr Cropp submitted that Black Attack was in contention at the 150 metre mark when he had to check his mount. He said he was crowded for room which was a result of Seams Like Magic and Skai Glen shifting ground. He believed this cost him finishing in a better position.

Mr Hutchings who represented Mr Rogerson submitted that his horse did shift out slightly but no contact occurred. He said if Mr Cropp's mount was going good enough it would have held its position. He noted at the finish Black Attack finished 5 lengths behind Seams Like Magic.

Mr Ormsby submitted that his mount drifted in and he changed his whip over and corrected his mount. He did not believe Black Attack would have beaten Skai Glen.

Mr Wenn submitted it was clear on the films that Skai Glen had come from behind Black Attack and beaten him easily. He did not accept that Black Attack would have beaten Skai Glen.

Mr Coles when asked for his interpretation of the alleged interference submitted that there was movement from both Seams Like Magic and Skai Glen which resulted in Black Attack being checked. However, he said after the check occurred Mr Cropp made no endeavour to improve his mount over the final stages. He submitted Mr Cropp's mount lost 3 lengths on Seams Like Magic and Skai Glen in the closing stages of the race. Therefore he said the Stewards did not support the protest.

Mr Cropp when given the opportunity to sum up submitted he received a major check and stated it was hard to make up ground in the slow track conditions.

Reasons For Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. The films show at the 200 metre mark Black Attack was approximately ¾ of a length behind Seams Like Magic and Skai Glen when being ridden forward. I accept that Mr Cropp had to check his mount at approximately the 150 metres when crowded between Seams Like Magic and Skai Glen. However, Mr Cropp exaggerated the check when he stood up in the saddle and continued to sit up on his mount in the run to the winning post. It is significant to note that over the final 100 metres Mr Cropp's mount lost approximately 4 lengths on the two horses he believed he would have beaten.

For these reasons I'm clearly not satisfied that Black Attack would have beaten Seams Like Magic or Skai Glen if interference had not occurred.

Decision:

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

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