Marlborough RC – 27 April 2008 – Race 5

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hearing_racingtype: thoroughbred-racing

startdate: 27/04/2008

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decisiondate: no date provided

hearing_title: Marlborough RC - 27 April 2008 - Race 5

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Following the running of Race 5, a protest was lodged by jockey, Mr D Bothamley, the rider of the 3rd-placed horse, Walkingonthemoon, against horse no 2, Elshadai and horse no 14, Vacant Lot, placed 1st and 2nd respectively.

Following the running of Race 5, a protest was lodged by jockey, Mr D Bothamley, the rider of the 3rd-placed horse, Walkingonthemoon, against horse no 2, Elshadai and horse no 14, Vacant Lot, placed 1st and 2nd respectively. The Information alleged interference by those horses to Mr Bothamley’s mount over the concluding stages in the home straight.

The placings were: 2 - 14 - 12 - 1 - 9 - 4, and the margins were 1 length to 2nd with a half head between 2nd and 3rd.

Initiating the protest, Mr Bothamley (on Walkingonthemoon) described what occurred. Referring to the video of late stages of the race, he identified the respective horses, and said that he was on the inside and he angled out for a clear run outside Vacant Lot, and he got pressure from both the outside and inside horses, Elshadai and Vacant Lot, and couldn’t get through.

Representing the trainers of Walkingonthemoon, Mr P Harris said both the (offending) horses started on their own line but the outside horse (Elshadai) tended to drift in under pressure and the inside horse drifted out, with its head turned inwards. He said the filly (Walkingonthemoon) tried to go through the gap and she was hindered and had no chance to get through. He conceded that Mr Bothamley continued to ride the horse out, which he was entitled to do, but where there was room at the top of the straight to come off the heels and go through, there was pressure from both the outside and inside horses.

Ms Williams said that, from the 200metre mark, her horse (Elshadai) tended to lay in a bit but she stopped riding him. She said that, just short of the line, she got a call

from Daniel Bothamley as her horse was tiring and ducked in but, at that stage, she said, it was right on the winning post and the race was won.

Owner, Ms Middlewood, added that her horse was a length clear when it moved in, and Mr Bothamley had always continued to ride his horse out.

Ms Treymane, on behalf of trainer Mr Smith (Vacant Lot), said that the film clearly showed that Mr Hooper (on Vacant Lot) kept his line and kept pretty straight all the way down the straight and, if anything, Jan Cameron (Bid’s Mate) on his inside had to take hold as he moved inwards, not outwards. She noted that the position of the rail didn’t help with it not being straight and coming out just before the winning post.

Mr Hooper had little to add but said he got a call from both riders and trying to keep off both the outside and inside, he was thinking about his own line.

Mr Harris, in summary and on the reading of the Rule, said it was clear the inside and outside horses have affected the chances of Walkingonthemoon, as the Rule stated.

As stipendiary steward, Mr Ching was then asked for his interpretation of the incident but, before commencing, Mr Harris stated, and asked the committee to note, his concern where the person not bringing the protest had the last say.

Mr Ching, in referring to the video, said that it appeared Ms Williams had shifted in. He said that Mr Bothamley was entitled to racing room and there is no doubt that the gap narrowed. However, he said that Mr Bothamley did not stop riding, he continued to use the whip and it was only on the line that he stopped riding. He believed that, whilst there may have been some interference, it had been right on the winning post.

Given the opportunity to respond, Mr Harris commented that Walkingonthemoon should have at least run 2nd.

Given the close proximity to the next race, the parties were advised that a brief decision would be given with a fill decision available later.

The protest was lodged by D Bothamley, the rider of Walkingonthemoon, placed 3rd by the Judge, and the Information alleged that Elshadai (K Williams) and/or Vacant Lot (H Hooper), or their riders, placed 1st and 2nd respectively, interfered with the chances of his mount over the concluding stages of the race.

The purpose of the enquiry is to establish if interference occurred and, if so, the severity of that interference. On the evidence, the committee accepts that there was some interference but, considering the evidence, we are not satisfied that the chances of Walkingonthemoon finishing in a better position were materially affected.

Evidence was given by all parties, the incident was shown on the video, and the stipendiary stewards were invited to give their interpretation.

As a result, we find that Mr Bothamley (Walkingonthemoon) tried for a gap between Elshadai (K Williams) and Vacant Lot (H Hooper) in the run home.

Whilst there was room initially, the gap did close appreciably but it is significant that Mr Bothamley was always able to use his whip and he continued to ride his horse out, a point accepted by both sides of the argument. It was only on the finish line that Elshadai ducked in and, whilst the movement may have cramped Mr Bothamley at that time, the margin at the finish was a length, and we are satisfied that any interference suffered did not affect his finishing in a higher place.

The movement from Mr Hooper (Vacant Lot) was minimal and, notwithstanding the margin of a half head back to the 3rd-placed Walkingonthemoon, we are not satisfied that movement impacted in any significant manner.

The protest is dismissed on both counts, and the placings remain:-

1. 2 Elshadai

2. 14 Vacant Lot

3. 12 Walkingonthemoon

4. 1 Bid’s Mate

5. 9 Van Curragh

6. 4 Sandy Lane

P.H.Welch                                                                                           J Phelan

Chairman

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hearing_type: Old Hearing

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meetdate: 27/04/2008

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