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Canterbury R 26 October 2019 - R 2 (Instigating a Protest) - Chair, Mr S Ching

Created on 29 October 2019

SChing (chair)
L Prendergast-Licensed Trainer
J Oatham-Chief Stipendiary Steward
Information Number:
Horse Name:
Persons present:
M McCann-Licensed Trainer
R Mudhoo-Class B Rider
K Williams-Class A Rider
G Eade-Licensed trainer
J Lowry-Class A Rider
Mr N McIntyre - Stipendiary Steward

Chief Stipendiary Steward, Mr J Oatham, filed an information instigating a protest, under Rule 642(1) in that ROCK’N’POP, ridden by Ms K Williams, placed first equal by the Judge, interfered with the chances of FRANKIE THE FOX, ridden by Mr R Mudhoo, also placed first equal and RIVIERA ROCK, ridden by Mr J Lowry, who was placed in 4th position, alleging interference over the concluding stages. The official margins were a Dead Heat, a head and a ½ length.

The Judges placings in this race were as follows.

1st ROCK’N’POP (11)

The connections of ROCK’N’POP were represented at this hearing by Trainer Mrs L Prendergast and rider, Ms K Williams, the connections of FRANKIE THE FOX represented by Trainer, Mr M McCann and rider Mr R Mudhoo, with Trainer Mr G Eade and rider Mr J Lowry, representing the connections of RIVIERA ROCK.

Submissions For Decision:

Informant, Mr Oatham, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used the available films to show that approaching the 200m, ROCK’N’POP, was racing midfield and in a challenging position, with RIVIERA ROCK to the outside of that runner with FRANKIE THE FOX to the outside of that runner. Mr McIntyre used the films to show that passing the 200m, ROCK’N’POP, pricked its ears and appeared to shy, shifting out and into the line of RIVIERA ROCK who was forced wider on the track with both FRANKIE THE FOX and RIVIERA ROCK, having to steady and change ground. He then showed the final 20m of the race where ROCK’N’POP shifted outwards again into the line of RIVIERA ROCK who had to be steadied.

FRANKIE THE FOX - Mr Mudhoo stated that the first incident near the 200m had affected the chances of his mount. He said that he had to take a hold and steady for several strides before gathering momentum again to run on strongly and Dead Heat for first place. Mr Mudhoo stated that the second incident did not affect his mount's chances. Mr McCann stated that Mr Mudhoo had been forced to steady his horse which he said affected his horse’s chances.

RIVIERA ROCK - Mr Lowry stated that Mr McIntyre summed up the incident well. He added that at the second point of interference, his mount, actually reacted, when avoiding ROCK’N’POP, who was shifting out into his line, which he said made his horse less genuine over the final stages. Mr Lowry said that with the first incident, he had been up on heels and had to stop riding after a hard ride from the top of the straight. He had just got him rolling, as the horse was a genuine stayer, and the incident had cost him all his momentum. Mr Lowry stated that he had just got him up and running again, when the 2nd incident occurred. Mr Lowry stated that without the interference he would have played a big part in a tight finish. Mr Eade stated that Mr Lowry had covered the incident well and he agreed with his interpretation.

ROCK’N’POP - Ms Williams stated that the incident cost her mount as much ground as the other affected runners. Mrs Prendergast stated that the horse was shying at the flags on the inside of the track. She submitted the other two riders never stopped riding their respective mounts out over the concluding stages.

Reasons For Decision:

We carefully considered the evidence presented and the video coverage of the incidents. The Committee was satisfied that ROCK’N’POP had shifted ground outwards and into the racing line of RIVIERA ROCK, who was forced wider on the track and had to be steadied. We were further satisfied that FRANKIE THE FOX, who was racing outside of RIVIERA ROCK had his rightful line taken and was also affected. We found that there was interference to both runners from ROCK’N’POP with this initial movement.

The second incident, approximately 20m from the post, when ROCK’N’POP, shifted outwards again into the racing line of RIVIERA ROCK who had to be steadied on a second occasion. After consideration, we determined that FRANKIE THE FOX, which was racing on the outside of RIVIERA ROCK, was not affected with this second incident.

Firstly, we considered the protest by the first equal placed horse, FRANKIE THE FOX. Taking the Dead Heat margin into consideration, the Committee found that the interference suffered to FRANKIE THE FOX by ROCK’N’POP was sufficient to affect that horse's chances and that but for the interference received, determined that FRANKIE THE FOX would have finished ahead of ROCK’N’POP. We therefore upheld this part of the protest with ROCK’N’POP being relegated to 2nd place.

We then considered the second protest, 4th placed RIVIERA ROCK against first equal placed, ROCK’N’POP. The Committee found that interference did occur to RIVIERA ROCK just inside the 200m and again over the final 20m. We also took into consideration the margins of a head and ½ a length between the first placed horses and RIVIERA ROCK in 4th place. Taking all factors into consideration, we were not satisfied on the balance of probabilities, that but for the interference received, RIVIERA ROCK would have finished ahead of ROCK’N’POP. We therefore determined that this part of the protest is dismissed.


The protest against ROCK’N’POP by RIVERIA ROCK is dismissed.

The protest against ROCK’N’POP by FRANKIE THE FOX is upheld with ROCK’N’POP relegated to second place.

Consequent upon the relegation, the amended result for the race is as follows:

2nd ROCK’N’POP (11)

It was ordered that dividends and stakes be paid in accordance with the amended placings.

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