Archive Decision

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Oamaru JC 21 July 2013 – R 4 (instigating a protest)

ID: JCA10493

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr D Boathamley - Licensed Jockey of BLACK BERRY PUNCH, MS P Robson - Trainer of BLACK BERRY PUNCH

Information Number:
A5781

Hearing Type:
Protest

Rules:
642 (1)

Code:
Thoroughbred

Meet Title:
Oamaru JC - 21 July 2013

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2013/07/21

Race Number:
R4

Decision:

We exercise our discretion and uphold the protest. Cheeky Tart is promoted from fourth to third placing and Black Berry Punch relegated from third to fourth placing.

The official placings are now:

1st - (10) Zah Girl 

2nd - (2) Redfern 

3rd - (15) Cheeky Tart 

4th - (4) Black Berry Punch 

Facts:

Following the running of Race 4, the Easy Made Marmalde R75 Benchmark, the Stewards lodged a protest under Rule 642 (1) alleging the third placed horse BLACK BERRY PUNCH caused interference over the concluding stages to the fourth placed runner CHEEKY TART.

Rule 642 (1) states: if a placed horse or its rider causes interference within the meaning of this rule 642(1) 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 judge's placings were as follows:

1st - (10) Zah Girl

2nd - (2) Redfern

3rd - (4) Black Berry Punch

4th - (15) Cheeky Tart

The official margins were 1 ½L, 3/4L and a ½nk.

Submissions for Decision:

Mr Davidson demonstrated with both head on and side on videos the relative positions of each runner, Black Berry Punch and Cheeky Tart over the concluding 200m.

Mr Davidson stated that approaching the 200m Black Berry Punch (Bothamley) was approx. three to four horse widths off the inside rail. Mr Bothamley stuck his horse with the whip in his right hand two or three times. At that point Black Berry Punch shifted ground outwards coming into contact with Cheeky Tart (Doherty), which was racing mid track. Black Berry Punch continued to shift outwards forcing Cheeky Tart over extra ground. During this period Mr Bothamley continued to ride his horse out, having changed his whip to his left hand.

Mr Doherty (Cheeky Tart) stated his horse had been bumped several times and on each occasion had lost momentum and ground. He had also been forced over extra ground and was unbalanced at least twice by the inside runner’s interference. He stated he was unable to ride his mount out over the final stages of the race.

Mr Hutton stated his horse had received severe interference which had cost the horse a chance of finishing in a better position. He said his jockey had to stop riding the horse over the final 10 metres.

Mr Bothamley said his horse had run out and made contact with Cheeky Tart. However, he said Mr Doherty had continued to ride his horse out with the whip and he was of the view that his horse would have beaten Cheeky Tart regardless.

Ms Robson said her horse had a tendency to hang and had inconvenienced its own chances due to its racing manners.

Mr Davidson stated that Black Berry Punch had clearly shifted ground and had shifted Cheeky Tart wider on the track. The margin between third and fourth was a 1/2nk.

Reasons for Decision:

The interference caused by Black Berry Punch over the final 150m was substantial. Contact was made on five separate occasions and Cheeky Tart was forced over extra ground. Also Mr Doherty was clearly unable to ride his mount out over the final 30 metres. This resulted in the Cheeky Tart’s chances of finishing in a better position were clearly affected. 

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 068c1368c7b6c8961850e46fe2d29cc9


informantnumber: A5781


horsename: BLACK BERRY PUNCH


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/07/2013


hearing_title: Oamaru JC 21 July 2013 - R 4 (instigating a protest)


charge:


facts:

Following the running of Race 4, the Easy Made Marmalde R75 Benchmark, the Stewards lodged a protest under Rule 642 (1) alleging the third placed horse BLACK BERRY PUNCH caused interference over the concluding stages to the fourth placed runner CHEEKY TART.

Rule 642 (1) states: if a placed horse or its rider causes interference within the meaning of this rule 642(1) 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 judge's placings were as follows:

1st - (10) Zah Girl

2nd - (2) Redfern

3rd - (4) Black Berry Punch

4th - (15) Cheeky Tart

The official margins were 1 ½L, 3/4L and a ½nk.


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson demonstrated with both head on and side on videos the relative positions of each runner, Black Berry Punch and Cheeky Tart over the concluding 200m.

Mr Davidson stated that approaching the 200m Black Berry Punch (Bothamley) was approx. three to four horse widths off the inside rail. Mr Bothamley stuck his horse with the whip in his right hand two or three times. At that point Black Berry Punch shifted ground outwards coming into contact with Cheeky Tart (Doherty), which was racing mid track. Black Berry Punch continued to shift outwards forcing Cheeky Tart over extra ground. During this period Mr Bothamley continued to ride his horse out, having changed his whip to his left hand.

Mr Doherty (Cheeky Tart) stated his horse had been bumped several times and on each occasion had lost momentum and ground. He had also been forced over extra ground and was unbalanced at least twice by the inside runner’s interference. He stated he was unable to ride his mount out over the final stages of the race.

Mr Hutton stated his horse had received severe interference which had cost the horse a chance of finishing in a better position. He said his jockey had to stop riding the horse over the final 10 metres.

Mr Bothamley said his horse had run out and made contact with Cheeky Tart. However, he said Mr Doherty had continued to ride his horse out with the whip and he was of the view that his horse would have beaten Cheeky Tart regardless.

Ms Robson said her horse had a tendency to hang and had inconvenienced its own chances due to its racing manners.

Mr Davidson stated that Black Berry Punch had clearly shifted ground and had shifted Cheeky Tart wider on the track. The margin between third and fourth was a 1/2nk.


reasonsfordecision:

The interference caused by Black Berry Punch over the final 150m was substantial. Contact was made on five separate occasions and Cheeky Tart was forced over extra ground. Also Mr Doherty was clearly unable to ride his mount out over the final 30 metres. This resulted in the Cheeky Tart’s chances of finishing in a better position were clearly affected. 


Decision:

We exercise our discretion and uphold the protest. Cheeky Tart is promoted from fourth to third placing and Black Berry Punch relegated from third to fourth placing.

The official placings are now:

1st - (10) Zah Girl 

2nd - (2) Redfern 

3rd - (15) Cheeky Tart 

4th - (4) Black Berry Punch 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642 (1)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr R Doherty - Licensed Jockey of CHEEKY TART, Mr D Hutton - Trainer of CHEEKY TART


Respondent: Mr D Boathamley - Licensed Jockey of BLACK BERRY PUNCH, MS P Robson - Trainer of BLACK BERRY PUNCH


StipendSteward:


raceid: 77801b163d36010cb992fd6f3e1764f1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4645622d2b0ed7b4021e2fdd45a2624c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/07/2013


meet_title: Oamaru JC - 21 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru JC