Riverton RC 8 April 2023 – R5 – EMANON

EVIDENCE
Following the running of Race Number 5, the Bupa Care Services Francolin Stakes, an Information was filed Instigating a Protest pursuant to Rule 642(1) by Connections of the second placed horse THE RADIANT ONE alleging interference in the final straight by the first placed horse EMANON.

The Applicants, Mr Tony and Ray Dennis  (Trainers of THE RADIANT ONE) alleged that horse number 2 (EMANON ) placed 1st by the Judge interfered with the chances of horse number 5 (THE RADIANT ONE) 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 – Emanon (De Montes de Oca)

2nd – The Radiant One (Tina Comignaghi )

3rd – Seikrid (Kavish Chowdhoory)

4th – Amberecho (Kylie Williams)

The official margin between first and second was a nose.

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 Judicial 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 Stewards, Mr Davidson and Miss Haley showed head and side-on films.

On behalf of the Applicant, Mr Tony Dennis submitted that THE RADIANT ONE was doing its best to maintain a straight line in the run up the straight and that his horse was in front about 50 metres from the winning post. He said that EMANON shifted at least 3 horse widths and although there was no contact between the horses he believed his horse would have won. He agreed that his Rider did not have to stop riding.

Miss Comignaghi the Rider of THE RADIANT ONE submitted that her horse had got to the front but was pushed outwards and she believed her horse would have won.  When questioned she stated that she did not have to stop riding and that there was no contact between the horses.

Mr Dobbs, the Trainer of Emanon submitted that his horse finished the Race off better than THE RADIANT ONE after being headed.

Mr Deigo de Oca submitted that neither Rider had stopped riding and his horse EMANON had finished better than THE RADIANT ONE. There was some difficulty with Mr Diego’s language barrier and fully understanding the depth of his evidence and some interpretations was required to fully understand.

Stipendiary Steward, Mr Davidson provided his interpretation of the closing stages of the Race.  He submitted, using the available video footage that EMANON has moved outwards up to 3 horse widths. He also stated that there was no contact between the horses and that neither Rider had to stop riding. He concluded by saying the margins between first and second was a nose and that the protest had some merit but gave no thoughts on the possible outcome.

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 THE RADIANT ONE was dictated wider on the track. It was also conclusive by the video evidence and all parties involved through their evidence that the horses did not come in contact and that neither Rider stopped riding at any point.

The Adjudicative Committee is satisfied that THE RADIANT ONE was pushed wider on the track and that it had reached the front about 100 metres from the finish. But having considered the degree and nature of the concluding stages and also the fact that EMANON finished the better of the two horses, the Committee was not satisfied beyond reasonable doubt that THE RADIANT ONE would have won the race.

On that basis, in the exercise of our discretion, the protest is dismissed.

CONCLUSION

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.