Wanganui JC 16 October 2010 – R 4 (instigating a protest)

hearingid: 3388c8124a3daf008520f5e633b6c42d

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hearing_racingtype: thoroughbred-racing

startdate: 16/10/2010

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hearing_title: Wanganui JC 16 October 2010 - R 4 (instigating a protest)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  H. Tinsley

Defendant:  F. Stammers

Information No:  30900

Meeting:  Wanganui Jockey Club

Date:  16/10/10

Venue:  Wanganui

Race:  4

Rule No:  642(1)

Judicial Committee:   N. Moffatt, Chairman - P. Williams, Committee Member

Also Present:  Mr C. Bothwell and Ms Jane McGuiness 

FACTS:

This was a protest lodged by rider Mr H. Tinsley alleging that Lady Nimbus or its rider placed fourth by the judge interfered with the chances of Keeper Of Keys placed 5^th by the judge.

The interference occurred in the home straight.

The judge’s placings were:

1^st   (1)             Sapphire Prince

2^nd   (11)          Brandy Dry

3^rd   (7)             Fullers Road

4^th   (5)             Lady Nimbus

5^th   (2)             Keeper Of Keys

6^th   (10)           Monarchy

The official margin between fourth and fifth places was a nose.

SUBMISSIONS:

Mr Tinsley told the committee that 100 metres from the finish of the race rider Jane McGuiness angled her mount, Lady Nimbus, outwards into the line of Mr Hannam riding Polyzena. He used the head on film to show how this movement set up a chain reaction pushing Mr Hannam out onto Mr Tanaka (Monarchy) who then made contact with Mr Tinsley. Keeper of Keys, being the widest runner, was pushed sideways losing momentum before straightening and finishing off the race strongly.

Ms McGuiness explained that Lady Nimbus was travelling well but blocked in front by another runner. She elected to angle outwards for a clear run but in doing so Lady Nimbus over reacted moving out too sharply and causing interference to Mr Hannam.  In her opinion the interference to Keeper Of Keys was exaggerated by the concertina effect of the other horses.

Mr Stammers, the trainer of Lady Nimbus, questioned whether or not there had actually been any contact between Mr Tinsley’s mount and the horse to his immediate inside ridden by Mr Tanaka.

Mr Neal made submissions on behalf of the Stewards. He said that the interference happened at a critical stage of the race when all horses were making strong runs to the line. Ms McGuiness definitely moved outwards into the line of Mr Hannam who was pushed sideways into Mr Tanaka who then shifted out and make contact with Mr Tinsley. Keeper Of Keys was forced to change ground and lost momentum as Mr Tinsley took corrective action.

DECISION and REASONS:

The committee carefully considered all of the submissions and viewed the films from all the available angles.

Keeper of Keys was racing wide out on the track free of any interference and making a strong run to the line. The horse to his inside, ridden by Mr Tanaka, moved suddenly outwards causing Mr Tinsley to stop riding and rebalance his mount. Mr Stammers questioned whether there was in fact any contact between these two horses but the head on film was quite clear and showed the two horses definitely come together. The resultant actions of Mr Tinsley and his evidence strongly support the video evidence that firm contact was made.

Mr Tanaka was pushed into Mr Tinsley by Mr Hannam but the movement clearly originated from Lady Nimbus when Ms McGuiness was seeking a run and elected to angle sharply outwards.

The protest rule reads:

If a placed horse or its Rider caused 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, then they may place the first mentioned horse immediately after the horse interfered with.

The committee was satisfied that Keeper Of Keys suffered interference and that the interference was caused by Lady Nimbus.

We were also of the opinion that had the interference not occurred Keeper of Keys would have finished ahead of Lady Nimbus. We based this firstly on the severity of the interference. Mr Tinsley was making a strong run down the outside when he was suddenly pushed outwards losing significant momentum which required him to stop riding and rebalance his horse. Secondly we looked at the way Keeper Of Keys finished off the race and the stage of the race that the incident occurred. Once recovered from the interference he made up significant ground and finished only a nose margin behind Lady Nimbus.

The protest was upheld and as a result of our decision the amended placings were:

1^st    (1)            Sapphire Prince

2^nd   (11)          Brandy Dry

3^rd   (7)             Fullers Road

4^th   (2)             Keeper Of Keys

5^th   (5)             Lady Nimbus

6^th   (10)           Monarchy

Dividends were directed to be paid accordingly.

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hearing_type: Old Hearing

Rules: 642(1)

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race_title: R 4

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meetdate: 16/10/2010

meet_title: Wanganui JC - 16 October 2010

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tracklocation: wanganui-jc

meet_racingtype: thoroughbred-racing

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name: Wanganui JC