Winton JC 10 October 2021 – R5 (request for a ruling) – Steve Tyler

SUMMARY OF FACTS:

At the conclusion of Race 5 the Commercial Hotel Winton and Country Jewel Winton Cup 1400m, an Information 15869 was lodged by Stipendiary Steward Mr M Davidson requesting a ruling as to whether King Cougar (K Mudhoo) gained an unfair advantage when charging the gates which opened prematurely.

Mr Tyler was present as the Trainer of King Cougar and Mr K Mudhoo as the Rider of King Cougar and Mr S Batt was also present as the Official Starter of the race.

The Rule reads: 632(2)

If in the opinion of the Committee any horse gained an unfair advantage by its barrier stall malfunctioning and opening, or being forced by such horse, open prior to the starter effecting a start, such a horse may be declared a non starter.

Judge’s placings:

1st   Silent Battler

2nd  King Cougar

3rd   Firoden

4th   So Much Mour

EVIDENCE:

Mr Davidson asked Miss Haley to highlight on the video clips the start of the race which were slowed down frame by frame. Mr Davidson alleged that King Cougar had charged the gates prematurely prior to the start of releasing them and by doing so King Cougar was at least half to three quarters length clear of the rest of the field before the gates opened and as a result gained an advantage.

Mr Batt the Official Starter in his initial statement prior to seeing the video clips believed that King Cougar had made a brilliant start however on reviewing the video clips he clearly stated that the horse had in fact charged the gates prematurely and had clearly gained an advantage.

Mr Mudhoo, the Rider of King Cougar, stated that he had heard a call from Mrs Williams (Irish Excuse) to the Starter, who was the last horse to be loaded that she was ready and he then reacted pushing his horse forward anticipating the start. He acknowledged after viewing the video clip that the horse was at least half a length in front of the field when the remainder of the field were released.

Mr Tyler believed that Mr Mudhoo had simply anticipated the start and that his horse King Cougar did not gain an advantage. He also stated that his horse in its previous racing had never charged the gates.

REASON FOR DECISION:

After considering the verbal evidence carefully and the video clips of the incident it was clearly evident that King Cougar has charged the starting gates, prior to the Starter Mr Batt pushing the button to release the gates. The video evidence in particular is compelling, highlighting that King Cougar was at least half a length clear of the rest of the field and in doing so has gained a clear advantage over the rest of the runners.

Under the provisions of Rule 632(2)  the Committee declared King Cougar is therefore a non runner.

The official Judge’s placings now read:

1st   Silent Battler

2nd  Firoden

3rd  So Much Mour

4th  Kilowatt