Riccarton Park – Canterbury JC 15 July 2022 – R2 – MISS TAVI

Evidence

Following the running of Race 2, the Winter Fashions 13 August Rating 88, an Information was filed Instigating a Protest pursuant to Rule 642(1) by Connections of the second placed horse ATHENE alleging interference in the concluding stages by the first placed horse MISS TAVI.

The Applicant, Ms T Rae (Trainer of ATHENE) alleged that horse Number 2 (MISS TAVI) placed 1st by the Judge interfered with the chances of horse Number 4 (ATHENE) placed 2nd by the Judge.

The interference was alleged to have occurred in the final straight over the concluding stages of the race.

The Judge’s provisional placings were as follows:

1st – MISS TAVI

2nd – ATHENE

3rd – RED RUFUS

4th – WHALE SONG

The official margin between first and second was a 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 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”.

The standard of proof is on the balance of probabilities. In thoroughbred racing this standard is reached when the Adjudicative Committee is satisfied, on the basis of credible evidence, that the requirements of the Protest Rule have been met.

Submissions For Decision

Prior to hearing submissions from the respective parties, the Adjudicative Committee requested that Stewards show all available race films of the alleged interference and identify the runners. Stipendiary Steward, Mr M Davidson showed the available race films.

On behalf of the Applicant, Ms Rae submitted that from the top of the straight MISS TAVI and ATHENE start a good way apart, but when MISS TAVI gets the stick she starts moving inwards towards ATHENE.  She said although no contact was made MISS TAVI was dictating ATHENE in. She says that MISS TAVI continues to dictate ATHENE in and over the course of the straight they move in three to four horse widths. then at the 100 metre mark MISS TAVI is coming across quite a lot.

Ms Williams, the Rider of MISS TAVI, submitted that MISS TAVI has slightly moved in when she has hit her with the stick, however, she had also responded by using the rein to pull her back out. Further she stated that at no point did Mr Mudhoo stop riding his mount and he was aggressive the whole way. She said his horse is known to lug in and he had the whip in his left hand to try stop it from doing so. She considered this to be a contributing factor to the movement in of ATHENE. Ms Williams concluded saying that the margin was too big to say that ATHENE would have got up and beaten MISS TAVI.

Mr Mudhoo, the Rider of ATHENE, said his horse never lugged in and he was going very nice and straight but MISS TAVI was coming in towards him. He said that in the concluding stages his horse was pushed inwards and his horse did not get a clear run.

Stipendiary Steward, Mr Davidson provided his interpretation of the closing stages of the race.  He said the Stewards agree there is some dictation inwards but there is no point of contact. He said that ATHENE was dictated across two or three horse widths. He further said it appears that ATHENE wanted to run away from MISS TAVI. In conclusion, Mr Davidson said given the margin is a head the Adjudicative Committee needs to be satisfied that the second horse would have beaten the first horse.

Reasons For Decision

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

After hearing submissions and reviewing the video footage the Adjudicative Committee established that although ATHENE was dictated inwards, this movement has not prevented ATHENE in the run home and the Adjudicative Committee had some doubt that but for any interference ATHENE would have beaten MISS TAVI. In reaching that conclusion that Adjudicative Committee noted that MISS TAVI has moved inwards but there was no contact. Furthermore, ATHENE was essentially running away from MISS TAVI, Mr Mudhoo was riding with his whip in his left hand and made no attempt to keep his horse straight, instead, continued to ride his horse out. Finally, the Adjudicative Committee noted, MISS TAVI had come from behind ATHENE.

The Adjudicative Committee is satisfied that MISS TAVI did to some degree interfere with the chances of ATHENE, by dictating her slightly inwards, but having considered the degree and nature of the interference; the Adjudicative Committee is of the opinion that it cannot be comfortably satisfied that but for the interference, ATHENE would have beaten MISS TAVI

On that basis, in the exercise of the Adjudicative Committee’s discretion, the protest is dismissed.

Decision

The protest was dismissed and the Judge’s provisional placings stand.  The Adjudicative Committee authorised the payment of stakes and dividends in accordance with its decision.