Gore RC 1 November 2018 – R 8 (instigating a protest) – Chair, Prof G Hall

hearingid: 59aaf88986de361d06623088c3c222cc

informantnumber: A5734

horsename: KAURI COVE

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 06/11/2018

hearing_title: Gore RC 1 November 2018 - R 8 (instigating a protest) - Chair, Prof G Hall

charge:

facts:

Following the running of race 8, the AB LIME/TED WINSLOE MEMORIAL HANDICAP RATING 65 2000 metres, the Stipendiary Stewards lodged a protest under r 642(1) against KAURI COVE alleging interference with the winner over the concluding stages.

The official placings were:

1st 2 KAURI COVE
2ND 5 MRS GEE EYE
3RD 9 LIL MISS SWISS
4TH 11 LADY EM

The official margin between 1st and 2nd was a nose.

Rule 642(1) states: “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”.

(2) For the purposes of Rules 637 and 642:

(a) “placed horse” shall be a horse placed by the Judge in accordance with Rule 641(3); and

(b) “interference” is defined as:

(i) 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;

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

(iii) 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 partly at fault.

appealdecision:

isappeal:

submissionsfordecision:

Mr McLaughlin, Stipendiary Steward, pointed out the relevant runners on the video replays.

He stated that KAURI COVE shifted ground outwards from the 150 metres and continued to shift outwards for the remainder of the home straight making contact with MRS GEE EYE on a number of occasions, dictating that runner wider on the track. He estimated that MRS GEE EYE had been pushed out some 6 horse widths – from 4 to 10 wide on the track. He believed there had been contact between KAURI COVE and MRS GEE EYE on three occasions.

Mr Campbell rider of MRS GEE EYE stated that he was travelling as the winner when he was pushed wider by KAURI COVE. He said that Mr Mudhoo had kept bumping into him. MRS GEE EYE had had to change leg on a number of occasions and had been unable to pick herself up and run to the line because of the interference from KAURI COVE and the heavy nature of the track.

Mr Callaway, the co-trainer of MRS GEE EYE, stated that the slightest bump to MRS GEE EYE had affected her momentum. The track was heavy. MRS GEE EYE had held her ground and had been pushed out. She had had to do extra work to hold her line and the margin was only a nose.

Ms White, the co-trainer of MRS GEE EYE, said her horse had been clearly hampered and with the margin being only a nose, it had cost the horse the win.

Mr Mudhoo said his horse, KAURI COVE, was going good, but it had changed leg and lugged out when under pressure. He accepted he had drifted out and there had been contact on three occasions.

Mr Tyler, the co-trainer of KAURI COVE, also accepted that KAURI COVE had shifted out and there was slight contact. Mr Campbell had still been able to adopt a strong hand and heels ride on MRS GEE EYE, and he did not believe that horse would have beaten KAURI COVE.

reasonsfordecision:

It is clear from the videos that KAURI COVE has shifted out some 6 horse widths forcing MRS GEE EYE to race wider on the track. During this time Mr Mudhoo has made no effort to correct his mount. Mr Campbell was able to keep riding MRS GEE EYE but there was clear contact on three occasions. It is evident that MRS GEE EYE was trying to hold her line and was trying to prevent KAURI COVE forcing her out. It is also evident that Mr Campbell was inconvenienced and, with there being repeated contact on a testing track and a margin of only a nose, we are satisfied that the interference was severe enough to warrant a change of placings.

Decision:

We are of the opinion that MRS GEE EYE would have won the race had the interference not occurred. We exercise our discretion and the protest is upheld. The official placings are now:

1ST 5 MRS GEE EYE
2ND 2 KAURI COVE
3RD 9 LIL MISS SWISS
4TH 11 LADY EM

Stakes and dividends are to be paid accordingly.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 642(1)

Informant: Mr J McLaughlin - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr K Mudhoo - Rider of KAURI COVE, Mr C Campbell - Rider of MRS GEE EYE, Mr L Callaway - co-trainer of MRS GEE EYE, Ms N White - co-trainer of MRS GEE EYE

Respondent: K & A Tyler - trainers of KAURI COVE

StipendSteward:

raceid: 8cb30df08816013a6325f86fcd8b0821

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: ad6063975449c9d81b980a480082a793

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 01/11/2018

meet_title: Gore RC - 1 November 2018

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: gore-rc

meet_racingtype: thoroughbred-racing

meet_chair: GHall

meet_pm1: MConway

meet_pm2: none

name: Gore RC