Rangiora HRC 27 August 2023 – R1 – FOVEAUX GAMBLER

Summary of Facts: 

Following the running of Race 1, the Applicant Amateur Driver Michael House filed an Information instigating a protest pursuant to r 869A(2) alleging “interference at the home turn by 2nd placed FOVEAUX GAMBLER to 3rd placed SMOKIN ANNIE.”

The provisional placings  were:

1st    No 8   RUBY’S A DELIGHT

2nd   No 6   FOVEAUX GAMBLER

3rd    No 5   SMOKIN ANNIE

4th    No 9   OFF THE EDGE

The official margin between 2nd and 3rd was 1 length.

Rule 869A(2) reads:

(2) When a placed horse or its driver causes interference to another placed horse and the Adjudicative Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Adjudicative Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

Submissions For Decision:

Using the race films relating to the concluding stages of the race in the home straight, Applicant, Amateur Driver,  Michael House, showed on the films that shortly after the field turned for home, his horse, 3rd placed runner, SMOKIN ANNIE was positioned 2 wide with FOVEAUX GAMBLER, driven by Colleen Negus, positioned 3 wide to his outer. Mr House pointed out FOVEAUX GAMBLER, shift inwards placing his runner in restricted room, and eventually the right fore leg of SMOKIN ANNIE struck the wheel of FOVEAUX GAMBLER and as a result, was interfered with to the extent that he stumbled and lost ground, with his chance of finishing in second place affected. He added that Mrs Negus had no control over her horse by not having a proper hold of it’s head and that FOVEAUX GAMBLER would have gained extra advantage over his horse due to that fact.

Mrs Negus submitted that despite the alleged incident, FOVEAUX GAMBLER, who came from behind and improved past SMOKIN ANNIE, was always going to beat that horse, adding that the margin of 1 length was the advantage held throughout the final stages of the race.

Stipendiary Steward Mr Williams, as officiating Steward on the day, stated that there was interference to a degree to SMOKIN ANNIE, but as to whether that interference would constitute the necessity of a change in placings, was doubtful.

Reasons For Decision:

After reviewing the race films and evaluating the submissions from all parties, the Adjudicative Committee was satisfied that interference to a degree had occurred to 3rd placed SMOKIN ANNIE by  2nd placed FOVEAUX GAMBLER. The Adjudicative Committee was also satisfied that contact was made between the fore leg of SMOKIN ANNIE and the wheel of FOVEAUX GAMBLER, which affected SMOKIN ANNIE’S chances.

Taking all factors into consideration including the margin of 1 length, the level of interference and the way both horses finished out the race, the Adjudicative Committee determined that but for the interference to 3rd placed SMOKIN ANNIE by 2nd placed FOVEAUX GAMBLER, SMOKIN ANNIE would not have beaten FOVEAUX GAMBLER into second place.  Therefore the protest is dismissed.

Decision:

The protest is dismissed and the Judge’s placings stand. Stakes and dividends are to be paid accordingly.