Winton JC 9 October 2022 – R6 – MIDNIGHT RUNNER

Evidence

Following the running of Race 6 an Information was filed instigating a protest pursuant to Rule 642(1). The Applicant, Jockey Mr T Moseley, alleged that Horse No.1 – MIDNIGHT RUNNER (Miss M Taylor) placed 2nd by the Judge, interfered with the chances of Horse No. 2 (KILOWATT) placed 3rd by the Judge over the final 300 metres.

The Judge’s Provisional placings were as follows:

1st – No. 4 (Exchange)

2nd – No. 1 (Midnight Runner)

3rd – No. 2 (Kilowatt)

4th – No. 5 (Silent Battler)

The official margin between 2nd & 3rd a head.

Rule 642(1)

If a placed horse or its rider causes interference within the meaning of this Rule 642 to another placed horse, and the Adjudicative Committee has the opinion that the horse 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.

Submission for the Decision 

Prior to hearing submissions from the respective parties, the race films of the alleged interference were shown, and runners identified.

Mr Moseley (Rider of KILOWATT), stated that KILOWATT had been forced wider on the track from the top of the straight by the inside horse (MIDNIGHT RUNNER) and was only a head away at the finishing post.

Mr Moseley stated that he did not have to stop riding his horse at any point down the home straight, and he believed his horse’s momentum was affected on at least two occasions.

Miss Taylor said her horse was hanging out and that her horse had moved outwards from the top of the straight.

She highlighted that KILOWATT had headed her horse (MIDNIGHT RUNNER) early in the run home, and that at no point did Mr Moseley stop riding his horse.

Miss Taylor also stated that her horse came again from about 75 metres from the finish line of the race and finished better than KILOWATT at the end of the race, she also said the horses were racing in very close quarters.

Miss Taylor also stated that she never used the whip on her horse.

Mr Phillips (Trainer of MIDNIGHT RUNNER) confirmed Miss Taylor’s comments and highlighted that Mr Moseley was a very aggressive Rider and Mr Moseley never stopped riding his horse at any point.

Stipendiary Steward (Mr Davidson) said that there had been two points of contact in the home straight and that KILOWATT’S line had been dictated to by MIDNIGHT RUNNER, and that there was some merit in the protest.

Reasons for Decision 

In accordance with the requirements of the Protest Rule, the Adjudicative Committee must firstly establish that the interference occurred and secondly if the 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 the 300m mark, interference occurred on two occasions. Both MIDNIGHT RUNNER and KILOWATT were racing in tight quarters, Mr Moseley riding his horse out strongly and Miss Taylor very reserved on her mount.

The Adjudicative Committee is satisfied that interference did occur, however KILOWATT had momentarily taken the lead and had every chance over the concluding stages, and it was MIDNIGHT RUNNER over the final 75 metres of the race who finished the race off more strongly than KILOWATT, with the margin between second and third a head. Mr Moseley also confirmed he never had to stop riding his horse due to the interference.

A change of placing was not justified, the protest dismissed and the Judge’s placings stand.

Decision

Accordingly the protest is dismissed and the Judge’s placings stand. The Adjudicative Committee authorises the payment of the dividends and stake money in accordance with the decision.