Whangarei RC 20 August 2022 – R4 – PACIFIC DRAGON

Evidence

Following the running of Race number 4, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Applicant, Mr K Rae, Trainer of DEPLOY, alleged that horse number 6 (PACIFIC DRAGON) placed 2nd by the Judge interfered with the chances of horse number 7 (DEPLOY) placed 4th by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge’s ‘provisional’ placings were as follows:

1^st – No. 5 LICKETY SPLIT

2^nd – No. 6 PACIFIC DRAGON

3^rd – No. 1 LORD COSMOS

4^th – No. 7 DEPLOY

The official margin was a nose x 1 length x 3 lengths

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”.

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.

Mr Rae said that around the 300m PACIFIC DRAGON starts to shift out but doesn’t really dictate DEPLOY’S line however further on PACIFIC DRAGON shifts again and the Rider of PACIFIC DRAGON has whacked DEPLOY over the head with his whip which would stop a horse in its tracks. He said as a result his horse lost momentum for 3 or 4 strides which would have cost it a few lengths.

The Rider of DEPLOY (J Fawcett) stated that she got dictated onto the heels of PACIFIC DRAGON as it shifted out and she had to stop riding for a few strides, she said as a result her momentum was massively disrupted.

The Respondent, Mr T Pike  acknowledged that PACIFIC DRAGON had layed out in the straight but at the point of interference DEPLOY looked to be a beaten runner and had gone from being ¾ length behind PACIFIC DRAGON to 4 lengths behind PACIFIC DRAGON in the run to the finish line. He said given the beaten margin of 4 lengths it would have to be a very strong argument to suggest that DEPLOY would have beaten PACIFIC DRAGON if the interference hadn’t have occurred.

The Rider of PACIFIC DRAGON (K Assano) said there was a decent margin at the finish line and while his horse shifted out there was no contact. He said that the margin at the finish was to be considered.

Chief Stipendiary Steward Mr Oatham outlined the Stewards interpretation of the alleged interference. He said that at the 250m PACIFIC DRAGON was laying out and starting to dictate the line of DEPLOY. He said at the 125m there is clear interference to DEPLOY caused by PACIFIC DRAGON.

Mr Oatham said given the margin between the two at the finish was 4 lengths and the manner in which both horses were finishing off the race, the Stewards wouldn’t be satisfied that the interference cost DEPLOY 4 lengths and that they couldn’t support the protest.

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 from approximately the 250m PACIFIC DRAGON starts to shift outwards under a strong ride, at this point DEPLOY is about ½ length behind and to the outer of PACIFIC DRAGON. Just prior to the 150m mark the rider of PACIFIC DRAGON straightens his mount and shifts their whip to their left hand. In Shifting the whip to their left hand PACIFIC DRAGON shifts abruptly into the line of DEPLOY causing the rider of DEPLOY to steer her horse away from the heels of PACFIC DRAGON. From the 100m to the finish line both horses had an interference free run. At the time of the interference PACIFIC DRAGON WAS barely 1 length ahead of DEPLOY with this margin increasing to 4 lengths in the run to the finish line.

The Adjudicative Committee was satisfied that PACIFIC DRAGON did interfere with the chances of DEPLOY at the 125m point, however, having considered the degree and nature of the interference, the way both horses finished the race off, and the margin of 4 lengths at the finish the Adjudicative Committee determined that the level of interference did not equate to the beaten margin.  On that basis, in the exercise of our discretion, the protest is dismissed, and the Judges placings stand.

Decision

Accordingly, the protest is dismissed, and the Judges placings stand. The Adjudicative Committee authorised the payment of dividends and stake money in accordance with the decision.