Wanganui JC - 24 June 2010 - R 9
642(1)
RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)
Informant: Ms L Hemi, Apprentice Jockey
Defendant: Mr K Myers Licensed Trainer
Information No: 447
Meeting: Wanganui Jockey Club
Date: 24 June 2010
Venue: Wanganui
Race: 9
Rule No: 642 (1)
Judicial Committee: Paul Williams, Chairman – Ian Smith, Committee Member
Also present: Messrs R Neal and N Goodwin, Stipendiary Stewards; Ms C Wilson, Trainer: Mr O Bosson, Licensed Jockey; Mr K Zimmerman, Licensed Trainer and Ms Hemi’s employer.
The Protest:
Following the running of race 9 an Information was filed by Apprentice Jockey Ms L Hemi under rule 642(1). The information stated “I, L Hemi, allege that “Instructs” or its rider placed 1st by the judge caused interference to “Fourcast” placed 3rd by the Judge.
The interference occurred in the home straight”.
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.”
Present at the hearing were Ms C Wilson, (Trainer of Fourcast - No 1); Mr K. T. Myers (Trainer of Instructs - No 9), Mr O P Bosson (rider of Instructs) and Mr K Zimmerman (Ms Hemi’s employer).
The Facts:
The official placings in this race were:-
1st 9 - INSTRUCTS
2nd 12 – NUN BETTER
3rd – 1 FOURCAST
4th – 3 HE KIN TALK
5th – 6 FIRSTWEDANCE
6th – 4 WARRANT
The official margin between 1st and 2nd was 1 length and between 2nd and 3rd was ¾ length.
Ms Hemi used the front, side and rear views of the film to show that, on entering the home straight her horse was improving and she had hit the front when Mr Bosson’s mount (Instructs) ran in causing interference to her mount (Fourcast). She said she believed the interference had “caused her a major check” requiring to her re-balance her horse before she was able to run on. She also said at approximately the 200m mark Mr Bosson’s horse again ran in and touched her mount causing her to lose momentum for a second time.
Ms Wilson had nothing additional to add other than she believed the films showed quite clearly her horse has suffered two sets of interference between the top of the straight and the 200m mark and had lost all momentum as a result of the running in of Instructs.
Mr Myers said his horse had shied at the hurdle fences that had been dismantled following the earlier jumping races and placed inside the course grounds very close to where the incident occurred. He did not believe any horse was at fault and pointed out that in winning the race his horse had come from behind Ms Hemi’s horse at the top of the straight and gone on to beat her by a total of 1 and three quarter lengths which was too great a margin to overturn.
Submission:
When asked to comment Stipendiary Steward Mr Neal said he did not believe the issue of Fourcast shying at the stacked hurdle fences was relevant as they been in the same place since race 4 and no other horses had shied at them. He said it was clear that Instructs became unbalanced and did cannon into the hind quarters of Fourcast who was also momentarily unbalanced but the incident occurred at the top of the straight some 350m from the finish line which meant both horses had plenty of time to regain their momentum and complete their finishing runs before the end of the race. He said he believed the interference described by Ms Hemi and Ms Wilson at the 200m was no more than a “brush” and Ms Hemi did not suffer any interference or loss of momentum at that time. He concluded by saying the horses were side by side at the top of the straight and continued to race competitively and that over the concluding stages of the race Instructs had pulled away to win the race.
Reasons:
The Committee reviewed the films of both incidents several times and found the rear view of the first incident at the top of the straight particularly helpful. It is clear Instructs became unbalanced and its hind quarters did canon into Fourcast but we believe Instructs was more inconvenienced than Fourcast during the incident. We also note that at the time of this incident Fourcast was marginally in front of Instructs, lost little momentum and continued to race in front of Instructs for approximately a further 200m. We also note that immediately prior to and immediately after the incident both Ms Hemi and Mr Bosson continued riding with vigour.
It is clear to the Committee the alleged interference at approximately the 200m mark was no more than a brush and there was no interference or loss of momentum to Ms Hemi. Fiinally we note that Instructs has gone on to win the race by 1 length form the second horse with Fourcast a further ¾ of a length back in third place. We do not believe that, had the incidents described by Ms Hemi not taken place, she would have finished ahead of Instructs and accordingly the protest is dismissed.
Decision:
On returning to the enquiry room the parties were advised a full written decision would be available on the JCA website as soon as possible. They were told the protest was dismissed and that the placings as called by the judge (as detailed above) were confirmed.
Paul Williams Ian Smith
Chairman Committee Member
447
