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Wairio TC 15 October 2020 - R 8 (instigating a protest) - Chair, Mr N Skelt

Created on 19 October 2020

Rules:
869(2)(a)
Committee:
NSkelt (chair)
Respondent(s):
Informant:
Mr J Morrison - Junior Driver of RACING MINISTER
Miss E Barron - Junior Driver of VINTAGE ROSE
Information Number:
A12882
Horse Name:
ZAMBIA
Persons present:
Mr N Ydgren - Chief Stipendiary Steward
Miss R Haley - Stipendiary Steward
Evidence:

Following the running of Race 8, The Winton Life Members Junior Drivers’ Mobile Pace, an Information was filed by Mr J Morrison, Junior Driver of the third placed horse by the Judge, RACING MINISTER, and Miss E Barron, Junior Driver of the fourth placed horse by the Judge VINTAGE ROSE.

The Information alleged that ZAMBIA (Mr C Smith, Junior Driver) who was placed second by the Judge had interfered with both RACING MINISTER and VINTAGE ROSE in the run home.

Rule 869 (a) (2)
a) “placed horse” means a horse placed by the judge 1st, 2nd, 3rd, 4th, 5th;
b) “interference” means any conduct referred to in the rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

At the commencement of the hearing all three Junior Drivers were asked if they required assistance from a Senior Driver in the hearing. All three drivers declined the offer of assistance.

The participants were all advised of the proposed procedures of the hearing.

The judges’ provisional placings were;
1st - Sentry (13) (M Hurrell)
2nd - Zambia (5) (C Smith)
3rd - Racing Minister (14) (J Morrison)
4th - Vintage Rose (7) (E Barron)
5th - American Eyre time (3) (T Larsen)

The official margins between 2nd and 3rd, and 2nd and 4th were half a length, and half a length.

Submissions For Decision:

Mr Morrison and Miss Barron used the available films to demonstrate the final 200 metres of the race. Mr Morrison stated that his horse RACING MINISTER finished the race very strongly and as a result of the outward movement of ZAMBIA, he had to change his ground at least twice in the run home costing him at least two lengths, believing his horse would have finished much closer to the winner, Sentry.

Mr Morrison highlighted the outward movement, stating that ZAMBIA had moved across the track at least six to seven cart widths in the home run.

Miss Barron stated that she firmly believed that VINTAGE ROSE had been denied a higher placing, as she had been forced wider on the track and lost momentum several times, losing up to two lengths.

Both Mr Morrison and Miss Barron stated that they believe their horses would have beaten ZAMBIA had they been able to run in a straight line to the winning post.

Mr Smith did not dispute or question any of the evidence that either Mr Morrison or Miss Barron presented.

Mr Smith simply stated that his horse had been very difficult to drive and had hung outwards throughout the race which was further emphasised when one sliding blind did not activate. Mr Smith stated that if his horse did run straight neither RACING MINISTER nor VINTAGE ROSE would have beaten ZAMBIA.

Chief Stipendairy Steward, Mr Ydgren stated that ZAMBIA had clearly moved outwards and that both VINTAGE ROSE and RACING MINISTER had been affected by the outward movement of ZAMBIA.

In summing up, both Mr Morrison and Miss Barron were convinced their horses were hindered and had lost momentum in the run home.

Reasons For Decision:

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

In accordance with the requirements of the protest of the Rule the Committee must firstly establish the interference occurred; and second, if the interference is established, the horse interfered with would have beaten the other runner, had such an interference had not occurred.

The Committee was satisfied that ZAMBIA had moved out at least six cart widths in the run home and that both VINTAGE ROSE and RACING MINISTER lost significant momentum, and their runs were interrupted to the winning post. Both horses were finishing off the race well and the margins of half a length between second and third and a further half-length to the fourth horse was compelling in upholding the protest.

Decision:

The protest is upheld and in accordance with this decision, ZAMBIA who was placed second has been relegated to fourth place. The official judges’ places now read;
1st -Sentry
2nd - Racing Minister
3rd - Vintage Rose
4th - Zambia
5th - American Eyre time

Authority is given for the payment of dividends and stakes accordingly.

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