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R Tauranga 14 November 2020 - R 3 (instigating a protest) - Chair, Mr BJ Scott

Created on 17 November 2020

Rules:
Rule 642(1)
Committee:
BScott (chair)
WGendall
Respondent(s):
Owners of DEVOTIONINMOTION
Informant:
Mr N Tiley - Trainer of SOPHISTICAL
Information Number:
A14003
Horse Name:
DEVOTIONINMOTION
Persons present:
Mr V Colgan - Rider of DEVOTIONINMOTION
Mr G Richardson - Trainer of DEVOTIONINMOTION
Mr A Calder - Rider of SOPHISTICAL
Mr N Tiley - Trainer of SOPHISTICAL
Mr B Jones-Stipendiary Steward
Mr A Coles - Stipendiary Steward
Evidence:

Following the running of the O'CONNOR WARREN INSURANCE BROKERS MAIDEN, an Information instigating a Protest was lodged by Mr N Tiley the Trainer of the second placed horse SOPHISTICAL against the first placing of DEVOTIONINMOTION. The Protest was pursuant to Rule 642(1) and was based on interference in the final straight.

Rule 642(1) provides : 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 :

(1) 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.

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

(3) 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 partially at fault.

Mr Tiley and Mr Calder the Trainer and Rider respectively of SOPHISTICAL were present representing the connections and in support of the Protest.

Mr Richardson and Mr Colgan, the Trainer and Rider respectively of DEVOTIONINMOTION  were present representing the connections and contesting the Protest.

The Committee explained that there were two parts to a Protest that had to be satisfied if the Protest was to be successful. The first was that the Committee had to be satisfied that interference had occurred and the second was that but for the interference the horse interfered with would have beaten the horse that caused the interference.

The parties acknowledged that they understood the Protest requirements.

Submissions For Decision:

Mr Tiley (using the race films) showed where in the home straight his horse was on the outside of DEVOTIONINMOTION and back slightly but his horse was moving up alongside that horse. He said that DEVOTIONINMOTION came out at the 250 metres mark and made strong contact with his filly and as a result it was screwed sideways and its hindquarters were bumped out. He said that his horse became unbalanced as a result and had to pick itself up and press on. He then pointed to the second contact at about the 100 metres mark and said that as a result the hindquarters of his filly were again bumped out and again it became unbalanced.

He said that Mr Calder could not ride SOPHISTICAL out because DEVOTIONINMOTION was leaning all over it. He further submitted that Mr Colgan did not stop riding DEVOTIONINMOTION at any stage in the home straight.

Mr Calder said that the first contact pushed his horse sideways and as a result it became unbalanced. He then said that he gave Mr Colgan some room but he came out again and (referring to the race films) he said in respect to the second contact "you can see my horse's hind quarters bumped out".

Mr Calder further said "he (Mr Colgan) came into my line twice. I was pushed sideways and he knocked her off her line to which she was entitled".

Mr Calder also said that because DEVOTIONINMOTION was leaning all over his horse he was unable to use his whip and unable to properly ride her out.

Mr Colgan said that the first contact was at the 300 metres mark. He then said that at the 100 metres mark he passed me and my horse came again and won the race. He said that the best horse won the race.

Mr Richardson said that the 2 horses touched for 1 stride at the 300 metres mark. He then said that at the 100 metres mark SOPHISTICAL was in front but his horse came from behind and beat it. He said his horse was the best.

Mr Jones said that the first contact was at the 250 metres mark and the second at about the 150 metres mark and after that the 2 horses raced in a relatively straight line.

Mr Jones did point out to the Committee that on the turn SOPHISTICAL was racing about 6 horse widths off the fence but as a result of the actions of DEVOTIONINMOTION it ended up 8 or 9 horse widths out.

Reasons For Decision:

After hearing the evidence the Committee spent some time reviewing the race films. The first incident was not just contact but DEVOTIONINMOTION cannoned into SOPHISTICAL and not only was it clear on the films but it was admitted firm contact and interference and knocked SOPHISTICAL'S hind quarters sideways. Mr Calder has told us that his mount became unbalanced and we accept this.

Mr Colgan's mount continued to move out and hampered Mr Calder and as Mr Jones said in evidence SOPHISTICAL'S line was dictated to so as to end up 8-9 horse widths out when it was 6 off the fence at the top of the straight.

At about the 150 metres mark there was further contact and hampering. Mr Calder said that this was because Mr Colgan came into my line. Mr Colgan said she came onto me.

The Committee spent some time reviewing this part of the race films which we watched in normal time, slow motion, forwards and backwards. Our reading of the race was that at this crucial stage the firm contact was against the hind quarters of SOPHISTICAL  which can clearly be seen screwing outwards which led to its forequarter turning inwards. That inwards movement was only as a result of SOPHISTiCAL'S hind quarters being pushed out. The contact clearly came from DEVOTIONINMOTION.

Mr Jones said there was contact at the 150 metres mark but quite correctly left it to the Committee to determine where the contact came from.

Mr Colgan (riding vigorously with his whip in his right hand) continued to crowd or hamper Mr Calder to the extent that he could not use his whip over the final stages.

The submission that "he came from behind to win" is flawed because without the double contact and the crowding we believe DEVOTIONINMOTION would not have been able to come from behind and win. Notwithstanding that SOPHISTICAL suffered double contact and crowding that resulted in it becoming unbalanced it was still only beaten by a short head.

We need to say that we accepted the evidence of Mr Calder which was supported by the race films.

Decision:

Having found interference in terms of the Rule we were of the opinion that given the nature of the interference and the narrow margin between the 2 horses at the finish that but for the interference SOPHISTICAL would have beaten DEVOTIONINMOTION.

The Protest is accordingly upheld and DEVOTIONINMOTION is relegated from first to second and SOPHISTICAL is promoted to first.

The amended placings are now :

First - (9) SOPHISTICAL

Second - (7) DEVOTIONINMOTION

Third - (1) PHELAN THE POWER

Fourth - (17) MAENAD

Fifth - (8) EL ROSEAY

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

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