Wellington RC – 24 January 2009 – Race 2

hearingid: cb77ededbe93f30fa2e9244acc0ff074

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hearing_racingtype: thoroughbred-racing

startdate: 24/01/2009

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decisiondate: no date provided

hearing_title: Wellington RC - 24 January 2009 - Race 2

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Decision:

Following the running of the Advance Electrical Wholesalers Ltd Handicap Mr P. Taylor, rider of the third placed horse, AWESOME RASCALL, lodged a protest under rule 876(1) against the winner, AINTREE (L. Allpress), and the runner up, NOBILLYBORN (R. Hannam). 

Mr Hannam also lodged a protest against AINTREE. 

Both protests emanated from a sequence of alleged interference between 250 and 350 metres off the line.  The protests were heard together.  The margins were a nose and half a head.

Following the running of the Advance Electrical Wholesalers Ltd Handicap Mr P. Taylor, rider of the third placed horse, AWESOME RASCALL, lodged a protest under rule 876(1) against the winner, AINTREE (L. Allpress), and the runner up, NOBILLYBORN (R. Hannam). 

Mr Hannam also lodged a protest against AINTREE. 

Both protests emanated from a sequence of alleged interference between 250 and 350 metres off the line.  The protests were heard together.  The margins were a nose and half a head.

At the hearing Ms Allpress and Mr G. Freeman, (owner/trainer) attended for AINTREE, Mr Hannam and Mr H. Bull were present for NOBILLYBORN and Mr Taylor, Mr H. Johnson (trainer) and Mr S. Gibb (part owner) represented the interests of AWESOME RASCALL.

Mr Hannam used the head, side and rear films of the final 400 metres to assert that he had moved out from behind AINTREE into a gap between that horse and AWESOME RASCALL when Ms Allpress allowed her mount to move out two horse widths and push his horse on to AWESOME RASCALL.  He believed he was entitled to the gap and the consequential line of running and that AINTREE’s outward movement and the bumping duel between the three horses cost NOBILLYBORN the winning of the race.  Mr Bull concurred with Mr Hannam’s analysis of events, particularly the effects of AINTREE’s outward movement.

Ms Allpress submitted that there was only ever a marginal gap for NOBILLYBORN and Mr Taylor on AWESOME RASCALL had moved in as Mr Hannam forced his way into the gap.  Mr Freeman also questioned the extent to which there was a genuine gap for NOBILLYBORN.

Mr Taylor’s protest proceeded on the basis that Mr Hannam had made his own room and forced a gap by pushing AWESOME RASCALL out. He submitted Ms Allpress in turn had moved out over two horse widths pushing NOBILLYBORN out on to his horse and forcing him over extra ground.  Given the margins at the finish Mr Taylor believed the interference from both horses had cost him the race.

Messrs Johnson and Gibbs concurred with Mr Taylor but added no further observations.

Mr Hannam responded by attributing the source of interference to AINTREE and repeated his belief that Ms Allpress had shifted out at least two horse widths forcing his horse on to AWESOME RASCALL.

Ms Allpress held to the view that Mr Hannam had forced a gap and lent on her horse which in turn had resisted this contact in a manner which took it on a outward movement.

Mr J. Oatham, acting Chief Stipendiary Steward, submitted that AWESOME RASCALL moved in initially effectively closing down the gap NOBILLYBORN was angling into.  He believed Mr Hannam persevered into a gap which was never really there and eventually forced his horse through buffeting AINTREE and AWESOME RASCALL.  AINTREE then dictated both horses out over two horse widths before the pressure was relieved.  He believed both protests should be dismissed.

In relation to Mr Taylor’s protest we find that AWESOME RASCALL did move slightly inwards as Mr Hannam opted for a run inside that horse.  We do not believe there was ever a genuine gap for NOBILLYBORN and that once AWESOME RASCALL had shifted in Mr Hannam was obliged to force the gap.  The resulting buffeting to AWESOME RASCALL and AINTREE affected the momentum of all three horses. 

The final act in this sequence was AINTREE dictating NOBILLYBORN and AWESOME RASCALL out two horse widths.  We are satisfied that AWESOME RASCALL did suffer interference in this incident.

Crucially however we find AWESOME RASCALL’s inward movement contributed to the interference all three horses suffered and particularly aggravated the extent of interference received by it through its shifting in on NOBILLYBORN.  All three horses played a part in the incident and once free of the pressure all three finished strongly separated at the line by the barest of margins.

However on the evidence before us, specifically AWESOME RASCALL’s initial shifting in, we cannot reach the certainty required to establish a case for relegation of either NOBILLYBORN or AINTREE.  This protest is therefore dismissed.

Turning to Mr Hannam’s protest we find that there was never a clear gap presented to his horse and this was put beyond doubt by the slight inward movement of AWESOME RASCALL. At that point Mr Hannam had to “bullock” his way into the gap jostling both AINTREE and AWESOME RASCALL. While AINTREE did subsequently dictate NOBILLYBORN out over several horse widths we do not believe Mr Hannam was entitled to the gap at the point he opted to move between AWESOME RASCALL and AINTREE.  On this we concur with Mr Oatham.  Mr Hanam’s actions contributed significantly to the interference all three horses suffered.  We do not therefore consider there are the requisite preconditions to exercise the discretion to relegate AINTREE.

This protest is also dismissed.

The judge’s placings stand with both filing fees ordered to be refunded. 

Neville Harris

Chairman

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hearing_type: Old Hearing

Rules: 876.1

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raceid: 870f862d313eee4730a15db35ffefe52

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race_title: Race 2

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meetdate: 24/01/2009

meet_title: Wellington RC - 24 January 2009

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name: Wellington RC