Ashburton RC – 5 July 2009 –

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hearing_racingtype: thoroughbred-racing

startdate: 05/07/2009

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hearing_title: Ashburton RC - 5 July 2009 -

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Information 264 alleging a breach of the Rules of Racing, Rule 876(1) in that Mr Jason Laking, the rider of “Neorion Bay Poros”, caused interference to “Albuferia” over the concluding stages.

Information 264 alleging a breach of the Rules of Racing, Rule 876(1) in that Mr Jason Laking, the rider of “Neorion Bay Poros”, caused interference to “Albuferia” over the concluding stages.

Informant - Mr S Ching, Stipendiary Steward

THE FACTS

Following the running of Race 3 at the Ashburton Racing Club’s meeting on Sunday 5th July 2009, Stipendiary Steward Mr Stuart Ching instigated a protest alleging that “Neorion Bay Poros” placed first by the Judge, caused interference to “Albuferia” placed third by the Judge. 

The interference was alleged to have occurred over the concluding stages of the race.

The Judge’s placings were:

“Neorion Bay Poros” (4) First
“Fire Wing”    Second
“Albuferia”   Third
“Two Georges”  Fourth

The margins were a short neck between first and second, half a head between second and third, and three and three-quarter lengths between third and fourth.

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

Present during the hearing were Mr M McCann, the trainer of “Neorion Bay Poros” (and part owner), Mr Jason Laking, the rider of “Neorion Bay Poros” and Mr CW Johnson, the rider of “Albuferia” who, we were informed, was authorised by the owners to represent that horse in the hearing. 

The first issue we must decide is whether there was inference to “Albuferia” caused by “Neorion Bay Poros”.

The evidence disclosed a significant outward movement by “Neorion Bay Poros” in to the line of “Albuferia” which was clearly finishing strongly.  Mr Johnson stated that whilst his horse was “hanging in” to a degree, that he believed that when he saw “Neorion Bay Poros” coming across his line, that his horse ran away from “Neorion Bay Poros”.  He had to stop riding for at least two strides, and this was very clear from the video evidence.  Mr Johnson initially said that he felt that he would have “pushed the winner close”, but later, in the hearing, he confirmed to the Judicial Committee that he believed he would have beaten the first finishing horse. 

Mr Laking acknowledged that he had moved across, but felt that he only cost Mr Johnson’s mount second place.  Mr McCann commented that he said that the second horse was clearly beaten. 

We are satisfied that with approximately 100 metres to run, that “Albuferia” suffered inference, and that the interference was caused by “Neorion Bay Poros”.  We have reached that conclusion with regard to our impression of the witnesses, and our observations of the video films.  We prefer the view expressed by Mr Johnson and the Stipendiary Steward that “Albuferia” was a fast finishing horse, and that as a consequence of Mr Johnson losing momentum for at least two strides, and then having to re-balance his horse, that there was significant interference. 

Next we have to consider whether “Albuferia” would have finished ahead of “Neorion Bay Poros”, had such interference not occurred.  We accept that Mr Johnson’s mount was on a strong finishing run, and that it would have finished ahead of “Neorion Bay Poros”. 

For those reasons, the Stipendiary Steward’s protest is upheld and the placings for now read:

First  No. 5.  “Fire Wing”
Second  No. 9  “Albuferia”
Third   No. 4  “Neorion Bay Poros”
Fourth  No.   “Two Georges”
Fifth  No.   “Porscha”

KG Hales
CHAIR
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hearing_type: Old Hearing

Rules: 876.1

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