Mike Dillon: Let everyone make up their mind on Telegraph incident

Jockey Vinnie Colgan (far right) falls from Durham Town in the 2012 Telegraph Handicap at Trentham. Atomic Force is on the rail. Photo / Race Images

Opinion

When Jim Gibbs talks people listen. They listen because the master Matamata horseman spent more than four decades earning a reputation as horse racing's fairest thinker.

If there is a better example of a "tough but fair" exponent of the racing game, we haven't met him or her.

Jim Gibbs was a jumps jockey before becoming one of the finest trainers this country has produced.

That level of experience teaches you one thing, the ability to lose without squawking. Put it behind you and come back next week.

Which is why, when Gibbs is upset in the extreme over the Racing Integrity Unit's decision not to charge a jockey over the Durham Town/Atomic Force incident in the $300,000 Telegraph at Trentham, you listen.

I have known Gibbs for more than 30 years and have never seen him as hurt or disillusioned over what happened to Durham Town, the sprinter he owns in partnership with co-trainer Donna Logan and John Hart.

His words: "Railway 1-1-12. In my jockey Vinnie Colgan's opinion we would have finished 3rd or 4th in the Railway Handicap Group 1 if not badly sliced out 300 metres from the winning post by Nash Rawiller on Atomic Force. Rawiller was given six days' suspension plus $1000 fine for interference and careless riding. I notice he was allowed to resume riding in the million-dollar races in Queensland where he received two different suspensions on the same day, 12 racedays and was still allowed to come and ride in the Telegraph and other races. Starts his suspension he was given in Queensland at the finish of racing at Trentham and I notice he resumes riding Blue Diamond day (another million-dollar day). Lucky man.

"I saw on our Trackside TV channel that Rawiller was filmed walking the crossing 600m to 450m on the day of Trentham races so he could familiarise himself with the crossing - very professional. As the owners of Durham Town we were excited to be running in the Telegraph Group 1 as our partner and trainer Donna Logan said the horse in her opinion had improved and seeing he was under the handicap system we would meet Atomic Force 4 kilos better than Ellerslie where they have different conditions. Racing report in the Herald 21-1-12 quotes D Watt, syndicate manager for Atomic Force: 'He's [Durham Town] drawn No 1 and I'm more worried about him than I am about the mare, second favourite Guiseppina. He [Durham Town] can get a cosy run behind the leaders, he's going to be a hard horse to hold out.'

"After the running of the Telegraph I sat in my home in utter disbelief to think that our chance was ruined so cruelly in a Group 1 - same jockey that ruined our chances at Ellerslie.

"1) The injury to jockey Vinnie Colgan - broken thumb, screwed and wired plus his loss of income while he recovers. 2) The injury to Durham Town plus what has it done to him mentally. We hope it has not ruined his confidence for future racing. 3) The cost of entries for two Group 1 races was $6000 plus all other costs involved. 4) 4th placing in both races worth $30,000. 5) Colgan narrowly missed smashing into the 400 metre upright pole and we all would hate to think of the end result of that. 6) What about the punters - they were robbed as well as the owners. As Colgan was injured his evidence was taken at Ellerslie on Karaka Million day [at] 4pm, one hour before the first race - present Vinnie Colgan, Jim Gibbs (part owner), Garry Cossey (agent for Colgan). Stewards Cameron George, Alan Coles, Matthew Williamson and one other. John Otham, who conducted the Trentham evidence, was not present.

"Colgan's evidence said he was inside Rawiller when Rawiller looked at him (which is very clear on film). Colgan started yelling when he realised Rawiller intended to come into his space. Colgan's words were: 'He took my horse's space, he didn't give a s***!'

"I was given a chance to see all films and asked to see the side on again which confirmed Durham Town was a length inside Atomic Force when Rawiller took his line and shockingly was forced into the running rail. What also disturbs me is that Rawiller must have known the damage he had done but did not look back to confirm how guilty he was.

"I had 1700 race rides as a jockey, 46 years as a licensed trainer plus 35 apprentice jockeys who rode 1700 winners. I think that qualifies me as being in the position to give an opinion and I am at a loss to know why this case wasn't given a full inquiry with all parties present."

Thanks - Jim Gibbs. The Racing Integrity Unit's media release on Thursday was to say three factors were considered relevant: 1. Eight Schillings, after lugging outwards when crossing the junction between the 1200 metre chute and the course proper, shifted in slightly after being straightened on joining the running rail approaching the 400 metres.

(Is this meant to imply Eight Schillings contributed to the incident by shifting in? Because we can find no evidence that Eight Schillings moved its line at all. In fact, Eight Schillings was closer to a rail when it left the end of the chute than it was when it rejoined a rail on the course proper. At the end of the chute there was not sufficient room for a horse on the inside of Eight Schillings, but there was on rejoining the rail of the course proper.)

2. Atomic Force which had obtained a run, to which it was entitled, to the inside of Eight Schillings when crossing the junction, did shift in slightly when awkwardly placed on the heels of Eight Schillings near the 400 metres.

(To imply Atomic Force was "entitled to a run" when coming across the crossing, where there is no rail, implies that there was going to be room for Durham Town on his inside when they rejoined the rail of the course proper. If not, then he very definitely wasn't entitled to the run because Durham Town was no more than half a length behind on his inside. The required distance is two lengths.

This column's summation is that Atomic Force was not entitled to that run. Durham Town drew barrier No 1 and as such was entitled to his space on the rail and that Atomic Force was never even close to two lengths in front of him to legally take his running. There is no other conclusion that Atomic Force's inward movement caused the problem. If, as the statement says, Atomic Force was awkwardly placed on Eight Schillings' heels, Rawiller's clear obligation was to pull out of that spot, not bump another horse into the rail.)

3. Durham Town, which was inside the heels of Atomic Force, reacting badly when being marginally crowded as a result of the slight shift from Atomic Force and dislodging rider V Colgan.

(Please explain what "reacted badly" means in this context. Squeeze any horse against a rail and its head will go up and it will react. The wording confirms Atomic Force moved in on Durham Town, who could not have contributed to movement as he was hard up against the rail.)

"After full consideration of all factors the stewards could not be comfortably satisfied that any rider can be held accountable for the incident and as such will not be taking any further action on the matter."

Well, nothing is going to change on this, but the ongoing awkwardness will always be the wording of the above three findings, which seems to go to great lengths to move away from attributing any blame to Atomic Force.

Racing's judiciary is a big deal - millions of dollars depend on it. Confidence in it is like respect in humans, it cannot be given, it has to be earned.

And this week's decision by Western Australia's judiciary not to grant the connections of He's Remarkable leave to appeal the ridiculous decision to take the A$1 million Railway Stakes off the Cambridge stallion simply stinks.

They have a lovely casual attitude in Perth, one of Australia's gems - they love telling you WA stands for Wait Awhile. This column prefers the other nickname - the Wild West.

If the Racing Integrity Unit wants to prove it is thoroughly transparent it will arrange with Trackside Television a well publicised day and time to show every angle of the Atomic Force incident, side view, head-on and back-on and let everyone make up their mind.

In my opinion, if the Telegraph had been run at Randwick and Colgan had put Rawiller over the rail and broken his hand, there would have been huge repercussions.