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Whangarei RC 2 October 2019 - R 5 (instigating a protest) - Chair, Mr A Dooley

Created on 03 October 2019

Rules:
642(1)
Committee:
ADooley (chair)
Respondent(s):
Ms D Johnson - Rider of INTO THE DEEP
Informant:
Mr L Innes - Rider of FLASHDANCE
Information Number:
A11281
Horse Name:
INTO THE DEEP
Persons present:
Mr A Coles - Stipendiary Steward
Mr J Smith - Representing the owners of FLASHDANCE
Evidence:

Following the running of race 5, Ruakaka Christmas at the races December 17, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr L Innes, Rider of FLASHDANCE, alleged that INTO THE DEEP or its rider placed 1st by the Judge interfered with the chances of FLASHDANCE placed 2nd by the Judge.

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

The Judge's placing were as follows:

1st No. 2 INTO THE DEEP
2nd No. 8 FLASHDANCE
3rd No. 4 ETCH

The official margin between 1st and 2nd was ¾ of a length.

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:

All parties present said they understood the protest Rule.

Mr Innes submitted that INTO THE DEEP shifted out in the final straight and as a result FLASHDANCE was taken over extra ground. He said he had to stop riding and straighten his mount when forced over extra ground. He added that Ms Johnson was doing her best to stop her mount from running out and he acknowledged there was no contact between the 2 horses.

Mr Smith had nothing to say.

Mrs Murdoch, the Trainer of FLASHDANCE, did not attend the protest hearing.

Ms Johnson accepted that INTO THE DEEP ran out in the final straight. However, she said there was no contact between her mount and FLASHDANCE. She added that FLASHDANCE had its opportunity to get past INTO THE DEEP but was unable to do so. In conclusion she said her mount won the race fair and square.

Mr Manning, the Trainer of INTO THE DEEP, was unable to attend the protest hearing due to his commitments of saddling up in the following race.

Mr Coles on behalf of the Stewards said that in the final straight INTO THE DEEP had come from behind FLASHDANCE. He said that INTO THE DEEP continued to shift out under pressure and FLASHDANCE shifted away from that runner. He stated to uphold the protest the Committee had to be sure that had such interference not occurred FLASHDANCE would have beaten INTO THE DEEP. He added that the margin between the 2 horses at the finish was ¾ of a length.

Reasons For Decision:

The Committee considered all of submissions presented and reviewed the available video footage.

It was evident that passing the 250 metres INTO THE DEEP commenced to shift out several horse widths. As a consequence FLASHDANCE was forced out wider on track however its momentum was not impeded. Mr Innes continued to ride FLASHDANCE forward with the whip and there was no contact between the 2 horses. Conversely Ms Johnson was riding INTO THE DEEP on one rein in the final straight and she was unable to fully test her mount. Over the final 100 metres INTO THE DEEP was always holding a comfortably advantage over FLASHDANCE.

Having considered the degree of the interference, the manner in which both horses finished the race off and in particular the ¾ of a length margin between the 2 horses at the finish the Committee was not satisfied that FLASHDANCE would have beaten INTO THE DEEP.

Decision:

The protest was dismissed and the Judge's placing’s shall stand.

The Committee authorised the payment of stakes and dividends.

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