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Avondale JC 6 March 2020 - R 6 (instigating a protest) - Chair, Mr A Dooley

Created on 09 March 2020

Rules:
642(1)
Committee:
ADooley (chair)
GJones
Respondent(s):
Mr A Scott - Co Trainer of AMANO
Informant:
Mr R Collett - Trainer of FLUOROBUS
Information Number:
A13366
Horse Name:
AMANO
Persons present:
Mr C Grylls - Rider of AMANO
Mr A Calder - Rider of FLUOROBUS
Mr M Williamson - Senior Stipendiary Steward
Evidence:

Following the running of race 6, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Collett, Trainer of FLUOROBUS, alleged that AMANO or its rider placed 1st by the Judge interfered with the chances of FLUOROBUS placed 2nd by the Judge.

The interference was alleged to have occurred near the 150 metres.

The Judge's placings were as follows:

1st  No. 1 AMANO
2nd No. 2 FLUOROBUS
3rd No. 5 COLOGNE

The official margins between 1st and 2nd 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”.

For the purposes of Rule 642 “interference” is defined as:

(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;

(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or

(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.

Submissions For Decision:

At the commencement of the hearing the protest procedure was explained to all parties and the protest Rule was read aloud. All connections said they understood the Rule.

Mr Collett said that FLUOROBUS was racing in “clear air” approaching the 150 metres. At that point FLUOROBUS received a solid bump from AMANO became unbalanced and had to change legs. He said that in the run to the finish FLUOROBUS took ground off AMANO and would have beaten that runner had such interference not occurred.

Mr Calder said that FLUOROBUS was racing in the clear on the outside when AMANO shifted out and made contact with FLUOROBUS’ hind quarters. He said as a consequence his mount was unbalanced, he added that FLUOROBUS was in front of AMANO at the point of impact.

Mr Grylls said that he shifted his mount outwards near the 150 metres when looking for a run. He accepted that AMANO made contact with FLUOROBUS but stated he had that runner covered in the run to the finish line.

Mr Scott said that FLUOROBUS had a clear run to the finish and that runner did not change legs. He added that FLUOROBUS was not in front of AMANO at the point of the incident and it did not cost FLUOROBUS from winning the race.

Mr Williamson on behalf of the Stewards said the winning margin was a short head. He said that AMANO did shift out and FLUOROBUS was briefly unbalanced near the 150 metres. He submitted that although there was some chance FLUOROBUS may have beaten AMANO the Stewards were not comfortably satisfied FLUOROBUS would have beaten AMANO.

Reasons For Decision:

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

We found that AMANO did shift out near the 150 metres and as a result made slight contact with FLUOROBUS for two strides. It was evident from the side on film when the contact occurred AMANO was just in front of FLUOROBUS. Over the final 125 metres of the race both runners had an unimpeded run to the finish line and AMANO was holding ascendency over FLUOROBUS.

Having considered the impact of the outward shift by AMANO we conclude the interference was minimal. In our opinion FLUOROBUS would not have beaten AMANO.

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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