Thames JC 4 January 2014 – R 4 (instigating a protest)

hearingid: 4ed64a9b86aec7df355b23068762a139

informantnumber: A2790

horsename: DENMARK

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 02/01/2014

hearing_title: Thames JC 4 January 2014 - R 4 (instigating a protest)

charge:

facts:

Following the running of Race No 4, the Grahamstown Bar and Diner, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Hutchings, alleged horse number 1 (DENMARK), placed 1st by the judge interfered with the chances of horse number 4 (LION HILL ROCK), placed 2nd by the judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st - No. 1 DENMARK
2nd - No.4 LION ROCK HILL
3rd - No. 3 COPS ‘N’ COYOTE
4th - No. 2 SCREW LOOSE

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

Rule 642(1) provides that:

“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”.

At the commencement of the hearing all parties acknowledged that they understood the nature of Rule 642(1).

appealdecision:

isappeal:

submissionsfordecision:

Using front and side on video film Mr Hutchings submitted to the Committee that LION ROCK HILL was racing 4 off the rail after turning into the home straight. He said at that stage he raced head to head with DENMARK to the 250 metre mark. He told the Committee that DENMARK started to move outwards dictating the running line of LION ROCK HILL to a point where he finished 7 to 8 horse widths wide on the track. He said that DENMARK made contact with his horse at least twice. He believed that this cost him at least a length and with the nose margin at the finish he was in no doubt that it cost him the winning of the race.

Mr Peard submitted that DENMARK rolled out and made contact with LION ROCK HILL at least twice and given that the margin was a nose at the finish he believed the interference cost his horse ½ a length.

Ms Spratt submitted that Mr Hutchings never had to stop riding his mount at all and LION ROCK HILL had at least 200 metres in the home straight to pass DENMARK but was unable to do so.

Mr McKee submitted that his horse carried 4 ½ kilo’s more in weight than the second horse. He said that although there was contact between the two horses they merely brushed and LION ROCK HILL maintained its momentum. He added that DENMARK pulled out more at the finish.

Mr Cole when asked for the Stewards interpretation of the incident submitted that in his view the alleged interference occurred inside the last 200 metres and there was contact on at least one occasion. He said DENMARK did move out 3 to 4 horse-widths and the Committee had to consider this when taking into account the nose margin between the two horses at the finish.

In summing up for the Informant Mr Peard submitted that it was obvious that LION ROCK HILL came back at DENMARK over the last 3 or 4 strides to get within a nose.

In summing up for the Respondent Mr McKee said that Mr Hutchings did not ride his mount out fully over the last 6 strides and asked the Committee to consider “why”.

reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films (front, side and back) several times. The films clearly indicate that DENMARK did move out in the last 150 metres of the race and in doing so dictated the running line of LION ROCK HILL who was shifted out at 3 to 4 horse-widths. The Committee is satisfied that DENMARK did make contact with LION ROCK HILL at least twice but the contact was minimal.

The Committee is satisfied that the rightful running line of LION ROCK HILL was taken by DENMARK who was never at any stage its own length and another length clear. On that basis the Committee believes that interference as defined in Rule 642 (2) (b) (i)(ii) and (iii) has occurred.

Having established that interference occurred the Committee considered the impact and the consequences it had on the chances of LION ROCK HILL winning the race. In this regard the Committee took note of the last 50 metres and it was particularly evident that LION ROCK HILL finished the race off very strongly and made up considerable ground in the last few strides to finish within a nose of DENMARK.

The Committee having taken all of the factors into account is of the opinion that LION ROCK HILL would have finished ahead of DENMARK had such interference not occurred.

Decision:

Accordingly the protest is upheld and the amended placings are:

1st - No.4 LION ROCK HILL
2nd - No. 1 DENMARK
3rd - No. 3 COPS ‘N’ COYOTE
4th - No. 2 SCREW LOOSE

We order the payment of dividends and stakes in accordance with the amended placings.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 642(1)

Informant: Mr R Hutchings - Rider of LION ROCK HILL

JockeysandTrainer:

Otherperson:

PersonPresent: Mr A Peard - Representing the connections of LION ROCK HILL, Miss S Spratt - Rider of DENMARK, Mr A Coles - Stipendiary Steward

Respondent: Mr S McKee - Trainer of DENMARK

StipendSteward:

raceid: 45cf2cb5d6a2ff023ba03f038c44f8a1

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R4

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 69a9968e506d3bb5392eeb377ca64406

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 04/01/2014

meet_title: Thames JC - 4 January 2014

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: thames-jc

meet_racingtype: thoroughbred-racing

meet_chair: GJones

meet_pm1: RSeabrook

meet_pm2: none

name: Thames JC