R Tauranga 26 September 2021 – R5 (instigating a protest) – MUSE and ARABIA

ID: RIB4982

Respondent(s):
Joe Kamaruddin - Apprentice Jockey, Terry Wenn - Trainer

Applicant:
Mr David Greene - Trainer of KERMALINA

Adjudicators:
Mr Noel McCutcheon

Persons Present:
Mr D Greene, Ms S Spratt (Rider of KERMALINA), Mr J Kamaruddin, Mr N Harris (representing 2nd placed ARABIA), Mr T Wenn, Mr S Weatherley (Rider of MUSE), Mr B Jones, Mr J Oatham (Stipendiary Stewards)

Information Number:
A15939

Decision Type:
Protest

Rule(s):
642(1)

Plea:
Contested

Protest:
3rd against 1st and 2nd

Animal Name:
MUSE and ARABIA

Code:
Thoroughbred

Race Date:
26/09/2021

Race Club:
Racing Tauranga Inc

Race Location:
Tauranga Racecourse - 1383 Cameron Road, Greerton, Tauranga,

Race Number:
R5

Hearing Date:
26/09/2021

Hearing Location:
Tauranga Racecourse

Outcome: Protest Dismissed

SUMMARY OF FACTS:

Following the running of Race 5 (NZB Insurance Pearl Series) Mr D Greene, Trainer of third-placed horse “KERMALINA” lodged a Protest against first-placed horse “MUSE” and second-placed horse “ARABIA” on the grounds of interference in the final straight.

Judge’s Placings:

1st     MUSE

2nd     ARABIA

3rd     KERMALINA

SUBMISSIONS:

All films were shown without comment, and then Mr Greene was invited to state his case.

He said that at the 150m his horse was holding its line then the outside horse “ARABIA” came in and then the inside horse “MUSE” came out and contact was made.  He added that his horse lost momentum and that it affected the result of the race with the margins being as they were.

Ms Spratt said that “ARABIA” pushed her in, that she actually got to the front and then the second incident (MUSE coming out) stopped her riding out and that she was only beaten by narrow margins.

Mr Kamaruddin the Rider of “ARABIA” said that he did shift in but that he pulled it off.

Mr Harris for the connections of “ARABIA” said that “ARABIA” did not move much and that “KERMALINA” shifted in rather than being pushed.  He said that Ms Spratt did not stop riding and in his opinion the Protest was frivolous.

Mr Weatherley the Rider of “MUSE” said that at no stage did Ms Spratt stop riding; that they barely brushed; that “KERMALINA” was not unbalanced and that he actually pulled off and still won by a long head.  He said that he was always going to win.

Mr Wenn, Trainer of “MUSE” agreed with Mr Weatherley and said his horse was going away at the finish.

Mr Jones said that “KERMALINA” shifted in and was not dictated by “ARABIA”.

He said that “MUSE” did shift out with slight interference.  He said that there was slight contact 4 strides from the post, but in his opinion the third-placed getter would not have beaten the first and second runners.

REASON FOR DECISION:

The Committee found that in the final straight there was some movement by “ARABIA” inwards and “MUSE” outwards.

The Committee noted that any interference was very minimal and that Ms Spratt did not stop riding her mount out.

Taking into account the degree of interference (minor) the margins and how all horses finished to the conclusion of the race the Committee found that the chances of “KERMALINA” finishing in a higher placing were not affected.

CONCLUSIONS:

The Protests 3rd against 1st and 2nd were dismissed with the Judge’s Placings being confirmed with authorization for dividends and prizemoney to be paid accordingly.

Decision Date: 26/09/2021

Publish Date: 30/09/2021