Canterbury JC – 9 November 2005 –

hearingid: 702bd9c1a6d4b5d4a97b6172ce917243

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 09/11/2005

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Canterbury JC - 9 November 2005 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

This inquiry concerns a protest lodged following the running of Race 3: Romano's Pizza Maiden.

Hearing of information number 32120 filed under Rule 876(1) by Mr SC Ching alleging interference approximately over the concluding stages of the race by "BlueonIce" (LM Robinson) which was placed 1^st by the judge, to "Southern Thunder" (LK Croft) and "Kerry Lord" (K Myers) which was placed 3^rd and 4^th respectively.

DECISION:

This inquiry concerns a protest lodged following the running of Race 3: Romano's Pizza Maiden.

This protest was lodged by Mr SC Ching alleging that "BlueonIce", or its rider, placed 1^st by the judge, interfered with the chances of "Southern Thunder" and "Kerry Lord" placed 3^rd and 4^th by the judge. The interference is alleged to have occurred over the concluding stages of the race.

The judge's placings were, first "BlueonIce", second "Bubbles of Kash", third "Southern Thunder" and fourth "Kerry Lord". The margins were between first and second, a nose, between second and third, a neck, between third and fourth, a short head.

The Information was filed with the Registrar within the time prescribed under Rules 917 and 1105(4)(b).

Present during the hearing were Mr LM Robinson and Mr R Beckett the rider and trainer of "BlueonIce", Mr M Pitman and Ms LK Cropp, the trainer and rider of "Southern Thunder", Mr Kevin Myers and Ms Kelly Myers the trainer and rider of "Kerry Lord", Mr L Radich from "Trackside" and Mr SC Ching, Stipendiary Steward.

Enquiry was made as to whether or not any of the owners wished to be present, which question was answered in the negative.

The first issue we must decide is whether there was interference to "Southern Thunder" and "Kerry Lord" by "BlueonIce".

In summary, Mr Ching, using the head on and side on cameras demonstrated how "BlueonIce" had been running behind "Bubbles of Kash". "BlueonIce" was on the rails. "Southern Thunder" ridden by Ms L Cropp moved up alongside of Mr Robinson's mount, "BlueonIce". There was room behind "Bubbles of Kash" which, at this point of the race was leading, but Mr Robinson's mount moved outwards coming into contact with "Southern Thunder" which in turn was moved sideways coming into contact with "Kerry Lord".

Mr Pitman, on behalf of "Southern Thunder", observed that the contact between the horses was obvious but he did not think that the interference was sufficient to make a difference to the eventual placings. He conceded that his horse did roll in. Ms Cropp, the rider of "Southern Thunder" stated that she was put off stride although she said that she did not believe that she was "picking up" the second placed horse, "Bubbles of Kash".

Ms Kelly Myers, the rider of "Kerry Lord", stated that she received a significant bump which stopped her from riding. She stated that her horse was a big horse and that it lost all momentum as a consequence of the interference. She said that her horse was on a nice forward movement and she believed the fact that she was unbalanced and had to stop riding "cost her the race".

In response, Mr Robinson stated that his horse did move over from behind "Bubbles of Kash" but in his opinion, the gap was always there. He stated that "Southern Thunder" was dictating his line and therefore caused tightening from the outside.

We are satisfied that in the concluding stages of the race that "Southern Thunder" and "Kerry Lord" suffered interference and that the interference was caused by "BlueonIce". We have reached that conclusion having regard to our observation of the video films and the evidence of Ms Cropp and Ms Myers in particular. We also accept Mr Ching's submission that interference occurred.

In terms of Rule 876(1) we next have to consider whether the interference affected the chances of "Southern Thunder" and "Kerry Lord" finishing in better placings. We must take into account the nature of the interference and its probable impact on what occurred as the horses passed the finishing post.

In our opinion, the chances of "Southern Thunder" and "Kerry Lord" were interfered with. We base our opinion on the following factors:

--

--
• Just prior to the interference occurring, "Southern Thunder" and "BlueonIce" were racing on even terms. We accept that there was some inwards movement from "Southern Thunder", but in our opinion, that inward movement had stopped at the moment of impact.
--
• "Southern Thunder", as a consequence of the contact, was moved outwards and came into contact with "Kerry Lord".
--
• We accept Ms Myers' evidence that "Kerry Lord" was finishing very quickly and that the interference put her horse off stride and off balance and it took her a stride or two to recover, but by that time, it had lost the forward momentum that it had.

Having concluded that "BlueonIce" interfered with the chances of "Southern Thunder" and "Kerry Lord", we have a discretion to relegate "BlueonIce" behind "Southern Thunder" and "Kerry Lord". Relegation is not automatic. There must be a valid reason to exercise our discretion to relegate that outweighs any reason not to.

For the following reasons, we have decided to relegate "BlueonIce". Those reasons are:

--

--
• The margins between the horses at the finish were narrow, namely a nose between first and second, a neck between second and third and a short head between third and fourth.
--
• The interference took place in the concluding stages of the race, i.e. within the last 50 metres or so.
--
• The contact between "BlueonIce" and "Southern Thunder" was quite marked.
--
• "Kerry Lord" lost its forward momentum at a critical stage of the race.
--
• Mr Robinson's mount was certainly not its own length and another length clear at the time that it went for the gap behind "Bubbles of Kash".

Our decision to relegate is inevitable and accordingly the protest is upheld and the placings will now be:

First "Bubbles of Kash"

Second "Southern Thunder"

Third "Kerry Lord"

Fourth "BlueonIce"

Fifth "Tiddley Todd"

Sixth "The Bag Man"

The Registrar is directed forthwith to authorise the payment of all dividends in accordance with the amended placings.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 876.1

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: