Tapanui RC 24 December 2017 – R 2 (instigating a protest) – Chair, Mr V Munro

hearingid: 880047c0af02a959507cd79f0648db99

informantnumber: A09716

horsename: DRUMSTORM

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 24/12/2017

hearing_title: Tapanui RC 24 December 2017 - R 2 (instigating a protest) - Chair, Mr V Munro

charge:

facts:

Following the running of race 2, the Heriot Hotel & Septic Tank Cleaners Maiden, Mr M Davidson lodged a protest under r 642(1) against DRUMSTORM alleging interference over the concluding stages.

The official placings were:

1st  - DRUMSTORM (3)

2nd - MUTUNGA TAP (14)

3rd - ROC LEONE (2)

4th - VERIFY (7)

5th - NIGHT LADY (8)

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

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 Tidmarsh with the aid of the video footage, identified the two horses involved. Mr Cuneen was leading on DRUMSTORM and Mr Johnson was to his outside on MUTUNGA TAP. Both horses were free of interference as they approached the 200 metre mark.

He showed Mr Cuneen riding his mount hard and showed where he shifts out wider on the track towards the finish line.

Mr Tidmarsh stated that there were two points of contact down the straight and estimates that Mr Cuneen’s mount had shifted out 6 horse widths over the final 200 metres.

Mr Davidson stated that the 2nd horse would have beaten DRUMSTORM and the films were quite clear. Under the rules Mr Cuneen has an obligation to straighten his mount.

Mr Johnson said his horse was having its first start. About 250 metres out it levelled with the other horse as it started to lengthen stride. The other horse ran out, brushing his mount a couple of times and forcing them wider on the track. He further stated his horse wanted to run straight but could not.

Mr Taplin, stated it was noticeable that Mr Johnson could not ride their horse out.

Mrs Beck stated that all horses naturally run out and the horse was green and that Mr Cuneen used his whip to try and straighten the horse up. She further stated that Mr Johnson had not stopped riding “too much”, that is his style.

Mr Cuneen stated his mount was hanging severely at the 250 metres, he had attempted to straighten the horse and had changed the whip hand. In the last 100 metres he had continued to ride the horse out, it hit the line strongly but was hanging badly.

reasonsfordecision:

It is clear from the videos that DRUMSTORM has shifted out on the track significantly over the final 200 metres of the race. At the 200 metre mark DRUMSTORM is one horse width off the rail and at the finishing line DRUMSTROM is approximately 6 horse widths from the rail.

Mr Cuneen’s horse was hanging over the final 200 metres, and although he changed hands with his whip from left to the right, at no stage did he take hold of his horse in an attempt to straighten it up.

The Committee believes that the actions of Mr Cuneen and his mount have significantly interfered with Mr Johnson’s mount (MUTUNGA TAP) and affected its chances of winning the race. We refer to Mr Johnson’s evidence where his horse was unable to fully stride out and maintain a straight line due to Mr Cuneen’s mount on his inside shifting out.
 

Decision:

The protest is upheld.

The official placings are now:

1st - MUTUNGA TAP (14)

2nd - DRUMSTORM (3)

3rd - ROC LEONE (2)

4th - VERIFY (7)

5th - NIGHT LADY (8)

Stakes and dividends are to be paid accordingly.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 642(1)

Informant: Mr M Davidson - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr R Cuneen - Rider of DRUMSTORM, Mr CJ Johnson - Rider of MUTUNGA TAP, Mr I Taplim - Co-trainer of MUTUNGA TAP, Mrs K Taplin - Co-trainer of MUTUNGA TAP, Mr L Tidmarsh - Stipendiary Steward

Respondent: Mrs L Beck - Trainer of DRUMSTORM

StipendSteward:

raceid: cecf4b7f8e92ec1a990df835a0a86476

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

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meetid: 54946cef2b020a98e8898de234e4eee4

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waitingforpublication: 0

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meetdate: 24/12/2017

meet_title: Tapanui RC - 24 December 2017

meet_expappcomment:

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tracklocation: tapanui-rc

meet_racingtype: thoroughbred-racing

meet_chair: VMUnro

meet_pm1: PKnowles

meet_pm2: none

name: Tapanui RC