Wanganui JC 31 August 2024 – R9 – SHE’S SO RELIABLE

ID: RIB45830

Respondent(s):
Jim Kowk Lun Chung - Apprentice Jockey

Applicant:
Ms Katie Hercock - Jockey

Adjudicators:
Mr Bruce Mainwaring, Mrs Nicki Moffatt

Persons Present:
Mr Mark Davidson - Stipendiary Steward, Ms K Hercock, Mrs A Clement - Trainer, Mr J Chung, Ms K Clapperon - assisting Mr Chung, Mr R Manning - Bary Stable Rep

Information Number:
A17480

Decision Type:
Protest

Rule(s):
642(1) - Riding/driving infringement

Plea:
Contested

Protest:
2nd v 1st

Animal Name:
She's So Reliable

Code:
Thoroughbred

Race Date:
31/08/2024

Race Club:
Wanganui Jockey Club

Race Location:
Wanganui Racecourse - 19 Purnell Street, Whanganui, 4500

Race Number:
R9

Hearing Date:
31/08/2024

Hearing Location:
Wanganui Racecourse - Purnell Street Whanganui

Outcome: Protest Upheld

Penalty: na

Background:

Following the running of Race 9, the ‘St Johns Club 2060’, an Information was lodged instigating a protest pursuant to Rule 642(1). The Applicant, Rider of the 2nd placed COCKTAIL LAD, Ms Hercock, alleged interference by the 1st placed SHE’S SO RELIABLE over the concluding stages.

The Judge’s provisional placings were as follows:

1st   She’s So Reliable

2nd  Cocktail Lad

3rd   Fay Khan It

4th   Subtle Image

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

Rule 642(1) provides:

“If a placed horse or it’s rider causes interference within the meaning of this Rule 642 to another horse, and the Adjudicative 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 may place the first mentioned horse immediately after the horse interfered with”.

Evidence:

Prior to hearing submissions, Stewards showed all available film identifying the alleged interference and runners involved.

Ms Hercock protested on the grounds that on entering in the straight, Mr Chung angled out for better ground, with this action dictating the line of COCKTAIL LAD. She was of the view that her mount was going well enough to go past the Chung mount. Between this point and the finish line, SHE’S SO RELIABLE moved out twice, with Ms Hercock contending that on both occasions, there was contact and that this movement threw her horse off balance. Mrs Clement reiterated these comments.

In response, Mr Chung commented that when his mount moved out, he had corrected her. As she looked to move out again, she was travelling so well that he looked to ride her out. Mr Manning commented that in his view, the Bary horse had made contact, however given that the second occasion was so close to the line, it was not possible to say that ‘without doubt’, COCKTAIL LAD would have beaten SHE’S SO RELIABLE.

In providing comment, Stipendiary Steward Mr Davidson, noted that Mr Chung’s mount had moved out a long way, with there being two points of contact. Given the manner in which the Hercock mount was finishing, along with the resultant margin, Stewards considered there was merit in the protest.

Reasons for Decision:

In accordance with the requirements of the Rule, the Adjudicative Committee, if upholding a protest, must first establish that interference did occur; and secondly, if interference is established, the horse interfered with would have beaten the other runner, had such interference not occurred.

Rule 642(2)(b) provides definition in respect of interference. In application to this protest, interference is established.

Identifying that interference took place, does not in itself, determine that a protest is to be upheld. However, in this instance, the Adjudicative Committee is satisfied that given the manner to which COCKTAIL LAD was looking to finish, along with the severity of interference, a change in placings was warranted. On that basis, in the exercise of the Adjudicative Committee’s discretion, the protest by the second placed horse against the first placed horse was upheld.

Decision.

The protest is upheld. Amended placings are as follows:

1st   Cocktail Lad

2nd  She’s So Reliable

3rd   Fay Khan It

4th   Subtle Image

Payment of dividends and stake money in accordance with the amended placings was approved.

Decision Date: 31/08/2024

Publish Date: 02/09/2024