Ashburton RC 14 March 2024 – R5 – DEVIL IN DISGUISE

BACKGROUND:

Following the running of Race 5, Hygain Maiden Stayers, an Information instigating a protest was filed by Class A Jockey, Gosen Jogoo, rider of DIAMOND RIVIERE, placed 4^th by the judge, against DEVIL IN DISGUISE (Ashvin Goindasamy), placed 2^nd by the judge, on the grounds of “interference final straight”.

The judge’s official placings were:

1^st    1   Ladyswey

2^nd   4   Devil In Disguise

3^rd   2   Bad Flamingo

4^th   7   Diamond Riviere

The margins were 1¼ lengths, head, ½ head.

Rule 642(1) provides:

If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another placed horse, and peared 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 place the first mentioned horse immediately after the horse interfered with.

EVIDENCE:

Stipendiary Steward, Veronica Algar, showed head-on and side-on video replays of the final 200 metres of the race. She pointed out the runners involved – DIAMOND RIVIERE, ridden by Gosen Jogoo, 3-wide near the lead, and DEVIL IN DISGUISE, ridden by Ashvin Goindasamy, racing on the rail behind the leader and looking for racing room in the 7-horse field.

Mr Stewart, Trainer of DIAMOND RIVIERE, said that the mare “got a fair old buffeting”. DEVIL IN DISGUISE had come out and lay all over her, he said.

Mr Jogoo said that, initially, there was no gap for DEVIL IN DISGUISE. When Mr Goindasamy tried to make a gap to the inside of Mr Jogoo, Mr Jogoo said that his mount became unbalanced and was squeezed between MY DEGREE (Tina Comignaghi) on its outside and DEVIL IN DISGUISE on its inside. He believed that he was in front of MY DEGREE at that stage. He believed that MY DEGREE was holding its line.

Mr Robinson, Trainer of DEVIL IN DISGUISE, said that DIAMOND RIVIERE was being dictated to by MY DEGREE, which was under pressure and rolling in. DEVIL IN DISGUISE had come out, awaiting a gap. The pressure had come from the outside, he submitted. DIAMOND RIVIERE and MY DEGREE had come into contact twice, before DEVIL IN DISGUISE had got to the gap, he submitted.

Mr Goindasamy said that his horse was the unluckiest horse in the Race, travelling better than any other runner. He had nowhere to go and had to wait. DIAMOND RIVIERE was on a loose rein and was a small horse. Any bump would make it look so bad, with no contact on its mouth. He had ridden competitively, waiting for the gap and then pushing through it, he said.

Stipendiary Steward, Veronica Algar, said that Mr Goindasamy had been held up for a run. Approaching the 200 metres, he decided to shift out for a run and, at about the 200 metres, he made contact with DIAMOND RIVIERE, unbalancing it. Stewards did not believe that MY DEGREE had shifted in. There was some merit in the protest, she said.

DECISION:

The protest is dismissed.

REASONS FOR DECISION:

In determining this Protest, the Adjudicative Committee must first establish whether interference has taken place. As far as that issue is concerned, there was clear interference at approximately the 200 metres when Mr Goindasamy, in looking for a gap, has shifted his mount out across heels onto DIAMOND RIVIERE and unbalancing that runner. Mr Goindasamy was forced back in, before a narrow gap appeared, into which he was able to angle.

Having been satisfied that interference has taken place, the next matter for the Adjudicative Committee to determine is whether, but for that interference, DIAMOND RIVIERE, placed 4^th, would have finished in front of DEVIL IN DISGUISE, placed 2^nd. The margin between those two runners at the finish was a head and a ½ head.

In determining that matter, the Adjudicative Committee has taken into account a number of factors. DEVIL IN DISGUISE has come from behind DIAMOND RIVIERE at the 200 metres. From the 100 metres the latter, still in front of DEVIL IN DISGUISE, has had a clear run to the finishing line. DEVIL IN DISGUISE has finally headed it inside the final 100 metres and was increasing the margin between the two runners at the finishing line.

On the basis of those factors, the Adjudicative Committee cannot be satisfied that DIAMOND RIVIERE would have finished in front of DEVIL IN DISGUISE but for that interference.

CONCLUSION:

The Protest is dismissed and the Judge’s placings (as above) stand. It is ordered that Dividends and Stakes be paid in accordance with those placings.