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R Rotorua 28 November 2018 - R 3 (instigating a protest) Chair, Mr A Dooley

Created on 29 November 2018

Rules:
642(1)
Committee:
ADooley (chair)
Respondent(s):
Mr J Bayliss - Rider of SHE'S A GODDESS
Mr O Bosson - Rider of WEAPONRY
Informant:
Mr R Elliot - Rider of MARBUZET
Information Number:
A11251
Horse Name:
WEAPONRY & SHE'S A GODDESS
Persons present:
Mr G Rogerson - Trainer of MARBUZET
Mr P Richards - representing WEAPONRY
Mr A Coles - Stipendiary Steward
Ms P Gerard - Co Trainer of SHE'S A GODDESS
Evidence:

Following the running of race 3, The Preakness & Belmont Stakes and Cuba with Wheels 3yo, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr R Elliot, rider of MARBUZET , alleged that WEAPONRY and SHE’S A GODDESS or their riders placed 1st and 2nd by the Judge interfered with the chances of his mount 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. 7 WEAPONRY
2nd No. 8 SHE’S A GODDESS
3rd No. 1 MARBUZET
4th No. 11 PORSHABELLE

The official margin between 1st and 2nd was a long head - between 2nd and 3rd 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”.

All connections present acknowledged they understood the Rule.

Submissions For Decision:

Mr Rogerson said that WEAPONRY was not its own length and another length clear when it shifted in at the 250 metres. He said as a result Mr Elliot pulled back on MARBUZET for about 50 metres and lost 1 length. He added that when WEAPONRY shifted in, SHE’S A GODDESS shifted out. He believed that Mr Elliot was entitled to his running line.

Mr Elliot said that coming around the corner MARBUZET had come off the bridle and WEAPONRY had moved around on his outside and then shifted in. At that point he said Mr Bayliss, the rider of SHE’S A GODDESS pushed out and took his running line. As a consequence Mr Elliot said that he had to take a hold of his mount and re straighten up.

Mr Bayliss described his outward shift towards MARBUZET as “neat” and he believed that there was no problem with the manoeuvre. He said that WEAPONRY may have shifted in for 1 stride and this made it difficult on SHE’S A GODDESS and MARBUZET for 1 stride. He stated that any contact between SHE’S A GODDESS and MARBUZET was not too serious.

Mr Bosson said that he had come from behind MARBUZET at the 300 metres. He believed that he stayed in a 3 wide running line and the alleged interference occurred when WEAPONRY had gone past MARBUZET. He said that when Mr Bayliss pushed out on SHE’S A GODDESS onto MARBUZET his mount had already gone past them. He said that the margin at the finish was small because when his mount hit the front it “pulled up” and then waited for the other horses and then went again close to the finish line. Mr Bosson reiterated that he kept a straight line and he shifted in after he went past the other 2 horses.

Mr Coles on behalf of the Stewards submitted that passing the 300 metres WEAPONRY was racing in a 3 wide position and there was room for MARBUZET on its inside. He said that WEAPONRY moved in but not by a great amount which placed MARBUZET in restricted room. He said at that point Mr Bayliss hadn’t shifted out from his position on the rails. However, he said when Mr Bayliss shifted out WEAPONRY and SHE’S A GODDESS contributed to MARBUZET being crowded. He said the Committee needed to determine whether the incident warranted a change of placings.

Ms Gerard was late arriving at the hearing due to the delay in the protest being filed with the Stewards and as a consequence the siren was activated very late. In addition Ms Gerard also had to saddle up runners in the next race.

After viewing the video footage Ms Gerard said that WEAPONRY shifted in and “shut the gate”. As a result MARBUZET came off that runner's heels. She said that SHE’S A GODDESS was inconvenienced when it was racing in a tight position. She stated they were green 3 year olds that all moved around a bit.

Mr Richards was also late arriving at the hearing due to the delay in the protest being filed with the Stewards and as a consequence the siren was activated very late. In addition Mr Richards also had to saddle up runners in the next race.

After viewing the video footage Mr Richards said although there was movement he did not believe there was much in it. He added that Mr Elliot never had to stop riding his mount.

Reasons For Decision:

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

The Committee took the opportunity to synchronise the back on and head on video footage of the alleged interference.

The Committee observed that entering the final straight WEAPONRY had come from behind both MARBUZET and SHE’S A GODDESS. Near the 250 metres WEAPONRY shifted in marginally when going clear of MARBUZET and simultaneously SHE’S A GODDESS was being angled out away from the rails when her rider Mr Bayliss was endeavouring to obtain clear racing room. As a result MARBUZET was momentarily crowded when awkwardly placed between those 2 horses. As a consequence Mr Elliot then shifted out to gain a clear run.

It was evident that over the final 200 metres of the race all 3 horses had a clear run to the finish line.

Having considered all the above factors the Committee was not satisfied that there were sufficient grounds to warrant a change of placings for either WEAPONRY or SHE’S A GODDESS.

Decision:

The protests were both 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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