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Avondale JC 29 September 2018 - R 4 (instigating a protest) - Chair, Mr A Dooley

Created on 01 October 2018

Rules:
642(1)
Committee:
ADooley (chair)
GJones
Respondent(s):
Ms D Johnson - Rider of RIP EM UP
Informant:
Mr M Cameron - Rider of VALALIE
Information Number:
A11058
Horse Name:
RIP EM UP
Persons present:
Mr A Bosma - Manager of RIP EM UP
Mr M Williamson - Senior Stipendiary Steward
Evidence:

Following the running of race 3, The Auckland Alarms 3YO, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr M Cameron, rider of VALALIE, alleged that RIP EM UP or its rider placed 2nd by the Judge interfered with the chances of VALALIE placed 3rd by the Judge.

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

The Judge's placing were as follows:

1st - No. 2 BIT LIPPY
2nd - No. 11 RIP EM UP
3rd - No. 8 VALALIE

The official margin between 2nd and 3rd was a short 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”.

All connections present acknowledged they understood the Rule.

Submissions For Decision:

Mr Cameron was the sole representative for the connections of VALALIE. He said that interference occurred over the final 50 metres and this was a vital stage of the race. He said RIP ME UP shifted out close to the finish line and in doing so “buffeted” his mount two to three times. As a consequence he stopped riding, lost momentum and was put off balance just prior to the finish line.

Ms Johnson said that contact occurred between the two horses four strides prior to the finish line. She said that her mount always had the upper hand and RIP EM UP would have beaten VALALIE irrespective of the contact near the finish line.

Mr Bosma said that RIP EM UP came from several lengths behind VALALIE in the home straight. He said inside the final 100 metres VALALIE shifted out wider on the track on its own accord. He said that three strides prior to the finish line RIP EM UP made contact with VALALIE on one occasion. He said that VALALIE would never have beaten RIP EM UP.

Mr Williamson on behalf of the Stewards said that RIP EM UP came from two lengths behind VALALIE in the final straight. He said inside the final 50 metres RIP EM UP “ducked out” abruptly. He said the only time VALALIE made any ground on RIP EM UP was when Ms Johnson took corrective action and attempted to straighten her mount three strides before the finish line. In conclusion he said it is a 50/50 call but the status quo would be the right decision.

Reasons For Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times.

The Committee found that RIP EM UP was racing approximately one length behind VALALIE passing the 200 metres. Shortly after RIP EM UP shifted out wider on the track and commenced to finish the race off strongly. We accept that three strides prior to the finish line RIP EM UP made contact with VALALIE when it shifted out sharply despite the efforts of its rider. At that point RIP EM UP had a clear advantage over VALALIE and the Committee is satisfied that despite the contact RIP EM UP always held an ascendency.

Having considered the degree of interference, the manner in which both horses finished the race off and the short head margin at the finish the Committee is of the opinion that the protest should be dismissed.

Decision:

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

The Committee authorised the payment of stakes and dividends in accordance with its decision.

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