Otago RC 27 May 2022 – R3 – MIDNIGHT RUNNER

ID: RIB9253

Respondent(s):
John Phillips - Trainer

Applicant:
Mr T Moseley, Jockey

Adjudicators:
Geoff Hall

Persons Present:
Mr M Davidson, Stipendiary Steward; Ms T Comignaghi, Jockey

Information Number:
16068

Decision Type:
Protest

Rule(s):
642 - Riding/driving infringement

Plea:
Contested

Protest:
protest

Animal Name:
MIDNIGHT RUNNER

Code:
Thoroughbred

Race Date:
27/05/2022

Race Club:
Otago Racing Club

Race Location:
Wingatui Racecourse - 285 Gladstone Road North, Mosgiel, Dunedin,

Race Number:
R3

Hearing Date:
27/05/2022

Hearing Location:
Dunedin

Outcome: Protest Upheld

Penalty: MIDNIGHT RUNNER is relegated to second place

At the conclusion of Race 3, Mr Moseley, Rider of horse number 4 SCARFI, placed 2nd by the Judge alleged that horse number 1, MIDNIGHT RUNNER, placed 1st by the Judge interfered with his chances over the concluding stages.

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 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.

Judge’s placings were:

1st 1 MIDNIGHT RUNNER

2nd 4 SCARFI

3rd 8 PULLYOURSOCKSUP

4th 2 WILLIAM WALLACE

The margin between 1st and 2nd was a nose.

Evidence

Mr Davidson showed the head-on and side-on videos.

Mr Moseley stated that MIDNIGHT RUNNER, ridden by Ms Comignaghi, had shifted out in the home straight. He said he had been pushed out at least 2 horse widths. He demonstrated on the video that at about the 40 metres mark there had been contact with MIDNIGHT RUNNER. He said it was a bump and it had unbalanced his horse. He said when regard was had to the winning margin, he believed this had cost him the race.

Mr Phillips stated that SCARFI had had the whole length of the straight to get past MIDNIGHT RUNNER and that horse had not been able to. He said SCARFI could not have been that unbalanced as Mr Moseley had used the whip not too long after contact with MIDNIGHT RUNNER. He agreed there was some movement, but he did not believe SCARFI would have beaten his horse.

Ms Comignaghi accepted that her horse had shifted out and that there had been a bump. She did not believe Mr Moseley had lost momentum and noted that SCARFI did not change leg. She emphasised she had had to steady too. She said her horse had been hanging but had finished well. They had been neck and neck and Mr Moseley had been able to ride SCARFI out and had not finished better than her.

Mr Davidson, when asked to comment, said that Mr Moseley had been dictated up the track in the straight as a consequence of MIDNIGHT RUNNER shifting out. There was one significant point of contact some 30 to 40 metres from the line. SCARFI had been making ground very gradually on MIDNIGHT RUNNER prior to this and still appeared to be making ground after the interference.

Decision

The Adjudicative Committee is satisfied that MIDNIGHT RUNNER has shifted out some 2 horse widths in the run home forcing SCARFI wider on the track. SCARFI makes up ground gradually on MIDNIGHT RUNNER at this time. Significantly, there is contact, a bump, between the two horses some 30 to 40 metres from the line. While Mr Moseley keeps riding, SCARFI is unbalanced momentarily. The horses continue to the winning post with SCARFI still slowly making up ground on MIDNIGHT RUNNER.

In exercising its discretion and upholding the protest, the Adjudicative Committee is satisfied there has been interference to SCARFI by MIDNIGHT RUNNER and is of the opinion when regard is had to the degree of interference, the manner in which the two horses finished off the race, and the close margin of a nose, that SCARFI would have finished ahead of MIDNIGHT RUNNER had the interference not occurred.

Amended placings are:

1st 4 SCARFI

2nd 1 MIDNIGHT RUNNER

3rd  8 PULLYOURSOCKSUP

4th  2 WILLIAM WALLACE

Dividends and stakes are to be paid accordingly.

Decision Date: 27/05/2022

Publish Date: 31/05/2022