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Otago RC 11 April 2019 - R 3 (instigating a protest) - Chair, Prof G Hall

Created on 15 April 2019

Rules:
642(1)
Committee:
GHall (chair)
Respondent(s):
Ms B Anderton - Licensed Trainer
Informant:
Mr R Hannam - Licensed Jockey
Information Number:
A9083
Horse Name:
OUTRAM
Persons present:
Mr M Davidson - Stipendiary Steward
Mr J Lowry - Rider of OUTRAM
Evidence:

Following the running of race 3, the WINGATUI FUNCTION CENTRE MAIDEN 1200 metres, Mr Hannam, the rider of the 2nd horse, HOMBRE, lodged a protest under r 642(1) against the 1st horse, OUTRAM, alleging interference by the winner over the concluding stages.

The official placings were:

1st 4 OUTRAM
2ND 3 HOMBRE
3RD 8 INDEX
4TH 5 CHOOKIE’S GIRL
5TH 9 COLETTE

The official margin between 1st and 2nd was a nose.

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”.

(2) For the purposes of Rules 637 and 642:

(a) “placed horse” shall be a horse placed by the Judge in accordance with Rule 641(3); and

(b) “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:

Mr Hannam pointed out the relevant runners on the video replays. He stated that OUTRAM shifted ground outwards in the straight at a point that was agreed by the parties to be 3 strides or a little over 10 metres from the line, and bumped his mount, HOMBRE. He said it was a decent bump and his horse was unbalanced and had shifted slightly sideways. He believed his horse’s action changed completely and as the official margin was a nose, he believed it had cost him 1st placing.

Mr Lowry, the rider of OUTRAM, stated that he had made up ground on HOMBRE in the run up the straight and acknowledged that there had been a brush towards the finish of the race. It was not hard contact. He emphasised OUTRAM was finishing much faster than HOMBRE and that Mr Hannam had never had to stop riding.

Mr B Anderton, trainer of OUTRAM stated that earlier in straight HOMBRE had shifted into the running line of OUTRAM and Mr Lowry had had to switch to the inside of HOMBRE for his run and had been held up. He believed that HOMBRE had run in as much as OUTRAM had run out at the time of the brushing.

Mr Hannam replied that OUTRAM had come out 2 horse widths. He also believed that HOMBRE had changed legs as a result of the contact.

Mr Lowry responded that he did not believe HOMBRE had changed legs and pointed out HOMBRE was also leaning in on OUTRAM.

Mr Davidson, Stipendiary Steward, gave expert evidence. He said there had been movement from both horses but in the Stewards’ view most of the movement was from the inside horse, OUTRAM. Both horses were unbalanced briefly a little over 10 metres from the line. He stated there was some merit in the protest in view of the margin and concluded his evidence by stating that OUTRAM had come from a long way behind HOMBRE.

Reasons For Decision:

It is clear from the videos that just before the 10-metre mark OUTRAM has shifted out and briefly come into contact with HOMBRE. HOMBRE did shift in a little, but the Committee agrees with Mr Davidson and Mr Hannam that the more significant shift is the outwards movement by OUTRAM. There is a bump and both horses became unbalanced for a stride. Mr Hannam did not stop riding his horse out to the finish. Despite the margin being only a nose, the Committee is not satisfied, having regard to the fact OUTRAM has come from some distance behind HOMBRE and was finishing the better of the two horses, that the interference (the brushing of HOMBRE) was severe enough to warrant a change of placings.

Decision:

The Committee has to be of the opinion that HOMBRE would have finished ahead of OUTRAM had the interference not occurred. It is not. The protest is dismissed. The placings are as called by the Judge.

Stakes and dividends are to be paid accordingly.

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