Egmont RC 8 August 2010 - R 8 (instigating a protest)
642(1)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: M. Tanaka (rider Aitutaki)
Defendant: P. Fleming
Information No: 31316 (Instigating a protest)
Meeting: Egmont Racing Club
Date: 8 August 2010
Venue: Hawera
Race: 6
Rule No: 642(1)
Judicial Committee: N. Moffatt, Chairman, - T. Utikere, Committee Member
Also Present: B. Lammas (rider Chewy Luis) and Mr Eales, Trainer of Aitutaki
CHARGES:
This was a protest lodged by Mr Tanaka alleging that Chewy Luis or its rider placed 2nd by the Judge interfered with the chances of Aitutaki placed 3rd by the Judge. The interference occurred in the final straight.
FACTS:
The judge’s placings were:
1st Dan Dinero
2nd Chewy Luis
3rd Aitutaki
4th Keepin It Up
The official margin between the 2nd and 3rd horses was one length.
SUBMISSIONS:
At the outset Mr Lammas explained that he was representing the trainer of Chewy Luis as Mr Fleming was busy attending to his horse.
The hearing began with Mr Goodwin identifying the horses involved in the protest using the head-on view of the field as they entered the home straight. Chewy Luis was racing alongside other runners in the middle of the track with Aitutaki in behind looking for a run through.
Mr Tanaka explained to the committee that in order to get a run he angled Aitutaki inwards to look for clear running on the inside of Chewy Luis but as he did so that runner also moved inwards forcing him to switch back to the outside of Chewy Luis. This change of ground caused a loss of momentum as he was forced to stop riding, pull back and change his direction of running. Mr Tanaka believed that he was finishing the race off strongly and was cost the chance of finishing in 2nd place as a result of the interference.
Mr Eales went further and said that in his opinion Aitutaki would have won the race had she been allowed an uninterrupted run to the line. He said that she was stopped in her tracks by Chewy Luis and that it was impossible to get going again on a heavy track such as today. He explained to the committee that she was a mare who did her best work over the concluding stages of a race.
Mr Lammas, the rider of Chewy Luis, questioned Mr Tanaka’s interpretation of that stage of the race and said that the angles were deceptive.
For the stewards, Mr Neal said that while Chewy Luis had shifted ground inwards and inconvenienced Aitutaki it was only for one or two strides. The side on view showed that the margin between the two horses remained constant over the final stages and there was considerable doubt that the chances of Aitutaki were compromised.
DECISION and REASONS:
The committee carefully considered all of the submissions and viewed the available films in detail.
Mr Tanaka was racing in behind a wall of horses and was clearly looking for a way through to obtain a clear run to the line. He was seen to angle Aitutaki inwards with the intention of gaining a run on the inside of Chewy Luis however that horse moved inwards in front of him at the same time. Mr Tanaka then angled Aitutaki back to the outside of Chewy Luis and stayed in that position until the finish line running 3rd with Chewy Luis slightly ahead of him in 2nd place.
Mr Tanaka said that he was forced to stop riding when Chewy Luis took his line of running however the films showed Mr Tanaka riding hands and heels only prior to the interference and still riding hands and heels throughout the incident. While he did have to change ground he was still able to ride with some vigour over the concluding stages and Aitutaki did not lose any obvious momentum.
Also of significance was the fact that once Aitutaki did have clear space to the line she did not make any ground on Chewy Luis despite being ridden with the whip and the margin between the two horses remained constant throughout.
Considering all of these factors the committee could not be absolutely sure that had the interference not occurred Aitutaki would have beaten Chewy Luis therefore the protest was dismissed and placings were allowed to stand as called by the judge.
