Wanganui JC 4 June 2016 – R 2 (instigating a protest) – Chair, Mrs N Moffatt

hearingid: b8d0169b23bf8e2bbbb1366e2779bbd9

informantnumber: A7665

horsename: HUNDYAMONTH

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 07/06/2016

hearing_title: Wanganui JC 4 June 2016 - R 2 (instigating a protest) - Chair, Mrs N Moffatt

charge:

facts:

Following Race 2, Wanganui Chronicle 1340, a protest was lodged pursuant to Rule 642(1) by Mr W Thurlow alleging that horse number 6 (HUNDYAMONTH) or its rider placed 1st by the Judge interfered with the chances of horse number 1 (SPIKER), placed 2nd by the Judge.

The information alleged interference in the home straight.

Judges placings were:
1st - HUNDYAMONTH (6)
2nd - SPIKER (1)
3rd - FETCHING (3)
4th - SMOKE HOUSE BAY (10)
5th - NOM DU BEEL (4)

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

appealdecision:

isappeal:

submissionsfordecision:

Prior to any evidence being given all four available videos (head-on, side-on, rear view and 800m camera) were played of the final stages of the race.

Mr Thurlow, the trainer of SPIKER, said as his horse came around the corner it had a clear passage on the fence until HUNDYAMONTH started to move inwards taking SPIKER’S line. As a result, Mr Bothamley (rider of SPIKER) was forced to check, change ground and come to the outside of that runner. HUNDYAMONTH then moved outwards taking the line of SPIKER again. Mr Thurlow said his horse was checked twice over the space of 50m at a crucial stage of the race. SPIKER was making ground on the winner and with only a neck margin between first and second place Mr Thurlow believed that had SPIKER not been impeded he would have won the race.

Mr Bothamley added that the weight SPIKER was carrying (60kgs) was a significant factor. His riding instructions were to stick to the fence and he had been checked twice over the concluding stages.

Mr Rayner, the trainer of HUNDYAMONTH, conceded that the second-placed horse had to momentarily change ground but said it was only on the one occasion. He could not see where the second alleged check occurred. He said HUNDYAMONTH won comfortably by a neck margin.

Ms Andrew (rider HUNDYAMONTH) conceded there was a run on the fence for SPIKER and that she may have closed that gap momentarily however she said that SPIKER was never actually in the gap despite having had the length of the straight to do so.

For the Stewards Mr Goodwin said that Mr Bothamley’s mount SPIKER had suffered some interference however, in his opinion, Mr Bothamley was never established in the gap when it closed. Mr Goodwin said, it also appeared to the Stewards, that when Mr Bothamley changed ground to the outside of HUNDYMONTH and drew his whip STRIKER moved back inwards contributing to any hampering.

reasonsfordecision:

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.

The head-on and rear-view films were clear in showing the interference suffered by SPIKER as he raced close to the rail over the concluding stages. HUNDYAMONTH moved in slightly closing the potential gap Mr Bothamley was intending to take. Side-on coverage and that taken from the 800m camera, showed at the time of the interference SPIKER was not established in the gap between the fence and HUNDYAMONTH. Mr Bothamley made the decision to change ground to the outside of that runner. As he did so it appeared that SPIKER was checked a second time but the head-on film showed HUNDYAMONTH maintained a relatively straight line of running from that point onwards and that SPIKER may have ducked back in as a result of being hit with the whip. It was our opinion HUNDYAMONTH was only responsible for the gap on the fence closing, not any further interference.

In order to uphold the protest the Judicial Committee had to be satisfied that had the interference on the fence not occurred SPIKER would have finished ahead of HUNDYAMONTH.

We note that while SPIKER did finish the race strongly and was making ground on the winner HUNDYAMONTH won quite comfortably by a neck margin. The Committee agree the protest had merit but were not satisfied that had the interference not occurred SPIKER would have won the race.

Decision:

Accordingly the protest was dismissed and placings stand as called by the Judge.

Dividends were directed to be paid accordingly.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 642(1)

Informant: Mr W Thurlow - Trainer of SPIKER

JockeysandTrainer:

Otherperson:

PersonPresent: Mr W Thurlow - Trainer of SPIKER, Mr D Bothamley - Rider of SPIKER, Mr E Rayner - Trainer of HUNDYAMONTH, Ms H Andrew - Rider of HUNDYAMONTH, Mr R Neal - Co-Chief Stipendiary Steward, Mr N Goodwin - Stipendiary Steward

Respondent: Mr E Rayner - Trainer of HUNDYAMONTH

StipendSteward:

raceid: b59f60df699ce201b4fd1477408b2260

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 2

submittochair:

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meetid: cb196f78469978d34dc4a0f5979b58ea

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 04/06/2016

meet_title: Wanganui JC - 4 June 2016

meet_expappcomment:

meet_km:

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tracklocation: wanganui-jc

meet_racingtype: thoroughbred-racing

meet_chair: NMoffatt

meet_pm1: TBird

meet_pm2: none

name: Wanganui JC