Wellington RC – 11 April 2009 –

hearingid: a444aa46e80167be03548e96f97b5ad8

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hearing_racingtype: thoroughbred-racing

startdate: 11/04/2009

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hearing_title: Wellington RC - 11 April 2009 -

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Following the running of Race 10, the Trax Bar & Café Handicap over 1600 meters, Mr P. Bell lodged a protest under Rule 876 (1) alleging that KAAP KRUIS or its rider placed 1st by the judge caused interference to DANIJELA placed 2nd by the judge. The interference occurred in the final stages in the home straight.

Following the running of Race 10, the Trax Bar & Café Handicap over 1600 meters, Mr P. Bell lodged a protest under Rule 876 (1) alleging that KAAP KRUIS or its rider placed 1st by the judge caused interference to DANIJELA placed 2nd by the judge. The interference occurred in the final stages in the home straight.

The Judge’s placings were:

1st   No. 2  KAAP KRUIS
2nd  No.  9    DANIJELA
3rd   No. 4    KENNY GEE
4th   No. 8 BRAZILIAN ZETA

The margin between first and second was a neck

The information was filed with the registrar within the time prescribed.
DANIJELA was represented by Mr J. Donovon (for Mr Wheeler) and rider Mr P. Bell and the connections of KAAP KRUIS were trainer Mr W. Marshment and rider Ms R. Myers

Mr Bell began by showing the head on film from the top of the straight with Ms Myers on KAAP KRUIS racing in a position three-off the rail. She began to roll out and made contact with Mr Bell on DANIJELA forcing him wider on the track all the way down the home straight. He believed that DANIJELA should have won the race.
Mr Donovon used the rear-view video to demonstrate where he believed there were three points of contact between the two horses and to show the amount of extra ground covered by the two horses.

Mr Marshment said that while it was quite clear that his horse moved outwards taking DANIJELA with him Mr Bell did not stop riding at any stage. He was never prevented from using the whip and was not inconvenienced in any way.
He said that KAAP KRUIS always had DANIJELA covered and that Mr Bell was always going to run second.

Mr Neal gave the Steward’s assessment of the incident. He said it was clear from the video that Ms Myers shifted out down the duration of the home straight. He said there was contact on a couple of occasions which may have impeded Mr Bell but the degree to which this affected the chances of DANIJELA was up to the committee to decide.

Decision

Rule 876 (1) states:

If a placed horse or its Rider causes interference within the meaning of this Rule 876 to another placed horse, and the Judicial Committee is of the opinion that the horse 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.

After listening to all the evidence and viewing the films the committee clearly accepts that KAAP KRUIS drifted outwards across the track carrying DANIJELA over extra ground.
The contact between the two horses was, in our opinion, minor and not enough to cause DANIJELA to be checked or lose any ground. She was carried over extra ground but the other horse covered the same distance.
Mr Bell was able to ride vigorously using the whip throughout while Ms Myers used the whip only twice and the margin between the two horses stayed relatively similar over the concluding stages of the race.

We were not convinced therefore that, free of interference, DANIJELA would have beaten KAPE KRUIS.
The protest was dismissed and placings allowed to stand as called by the judge.

N. Moffatt                    P. Williams
Chair

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hearing_type: Old Hearing

Rules: 876.1

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