Otago RC – 28 August 2009 – Race 4

hearingid: f33db600de0915f0bcb5c4caaf0f4de8

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hearing_racingtype: thoroughbred-racing

startdate: 28/08/2009

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hearing_title: Otago RC - 28 August 2009 - Race 4

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Mr Bothamley, licensed jockey, initiated a protest after race 4, alleging that GUNS’N’ROSES or its rider placed first by the Judge caused interference to MALA STRANA placed 2nd by the Judge. The interference allegedly occurred before the 2nd last fence, between that fence and the last, and in the final run to the line. Judges placings were 3 (GUNS’N’ROSES), 4 (MALA STRANA), 6, 5.  Margins were a head; 3 ¾L; 17 1/4L.

Mr Bothamley, licensed jockey, initiated a protest after race 4, alleging that GUNS’N’ROSES or its rider placed first by the Judge caused interference to MALA STRANA placed 2nd by the Judge. The interference allegedly occurred before the 2nd last fence, between that fence and the last, and in the final run to the line. Judges placings were 3 (GUNS’N’ROSES), 4 (MALA STRANA), 6, 5.  Margins were a head; 3 ¾L; 17 1/4L.

Present at the hearing were Mr Bothamley, representing the connections of MALA STRANA, and Ms S Houston, representing the connections of GUNS’N’ROSES. The trainers of both horses were called to the inquiry room but the committee was informed by the stipendiary stewards that the trainers were attending to horses, which were to start in the next race, and they did not attend the protest. 
 
EVIDENCE AND SUBMISSIONS

Mr Bothamley, the rider of MALA STRANA, stated that there was outwards movement from GUNS’N’ROSES (Ms Houston) on 3 occasions which forced him wider on the track. He said before the 2nd last fence Ms Houston moved out when lining up for the fence and he had to move out accordingly. He pointed out the movement on the head-on and side-on videos. He also demonstrated alleged outwards movement between the 2nd last and last fences, and then in the final run to the line.  He acknowledged, when questioned by the Committee, that he had not had to stop riding, but said that his mare was a wee thing and had been intimidated by GUNS’N’ROSES moving out. He showed on the video MALA STRANA turning her head away from the horse (GUNS’N’ROSES) on her inner. He also accepted there was no contact between the horses.

Ms Houston said she moved out before the 2nd last fence because that fence was away from the rail and she was simply lining up a straight run to the fence and could not have been any closer to the inside wing when she jumped the fence. She said there was little movement by her horse between the 2 fences, but did agree she had shifted out in the run home, saying her horse appeared to be favouring a leg. She said there was no contact and Mr Bothamley did not stop riding

Mr Ching, stipendiary steward, was asked to comment on the videos and the jockeys’ evidence. He said he believed Ms Houston was entitled to move out before the 2nd last fence to get a straight run into the fence. He said had she not forced MALA STRANA out she would have had trouble with the inside wing of the fence.  He said there was no doubt GUNS’N’ROSES had moved out under the whip in the final stages but he emphasised that Mr Bothamley had never put the whip away and there was a space between the 2 horses at all times. Mr Bothamley’s horse had shifted out as Ms Houston’s had.

DECISION

While Mr Bothamley was briefly inconvenienced before the 2nd last fence when GUNS’N’ROSES moved out, we are satisfied Ms Houston had to do this because of the position of that jump away from the inside running rail. Had she not, she risked clipping the inside wing of the fence. As it was, she was close to the inside of the fence when she jumped it. There is nothing in this allegation. We are of a similar view with regard to the alleged movement between the fences. There was always a clear margin between the 2 horses and any movement was minor. Of more significance is that for a distance of some 100 metres to the winning post MALA STRANA was forced to race wider on the track as a consequence of GUNS’N’ROSES drifting out under the whip. Significantly, Mr Bothamley did not stop riding. Both horses were well-tried to the line and there was never any contact. We note the difference in size of the 2 horses and Mr Bothamley’s allegation that MALA STRANA was intimidated by GUNS’N’ROSES.

To alter the placings we have to be of the opinion that MALA STRANA would have beaten GUNS’N’ROSES, had the interference not occurred. We are not so satisfied. Although the margin was a head, there was no loss of momentum by MALA STRANA. We do not believe the degree of interference was such as to warrant our exercising our discretion to reverse the placings. The protest is therefore dismissed. The judge’s placings stand.

Geoff Hall      John Eagles
CHAIR           Committee Member
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raceid: 527064068603f2ac767ff7cf414c8590

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race_title: Race 4

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meetdate: 28/08/2009

meet_title: Otago RC - 28 August 2009

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name: Otago RC