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Ashburton R C 21 December 2012 – R4 (Instigating a Protest)

ID: JCA10545

Applicant:
N Lloyd - Licensed Trainer

Respondent(s):
M Harris - Licensed Trainer

Information Number:
A5278

Hearing Type:
Protest

Rules:
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 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.

Code:
Thoroughbred

Meet Title:
Ashburton RC - 21 December 2012

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2012/12/21

Race Number:
R4

Decision:

The protest is dismissed and the Judge's official placings confirmed.

Facts:

A protest was filed at the finish of Race 4 by the connections of "Make It Happen".
 
The Judge's official placings were:
1st "Postillion" (5)
2nd "Warlock" (3)
3rd "Make It Happen" (8)
4th "Individual" (4)
5th Te Namu" (9)
 
Ms Lloyd, the trainer of "Make It Happen" (which finished third), alleged that in the home straight, that "Warlock" (which finished second) caused interference by moving outwards when a gap was available for "Make It Happen". She said that this movement caused her horse to change stride and to lose momentum. She said that having regard to the margin between second and third, namely half a head, that had it not been for the interference, that her horse would have beaten "Warlock". She demonstrated the incident on the head-on video camera view, and referred to the closing of the gap which she said was caused by "Warlock". Her views of the matter were supported by Mr RJ Bishop, the rider of "Make It Happen" who maintained that there was outwards pressure from "Warlock".
 
Mr M Harris, the trainer of "Warlock" said that his horse went straight by reference to the grass mowing strip, and that if there was interference it came from other horses, and not from "Warlock". This submission was supported by Mr CW Johnson, the rider of "Warlock" who said that his horse was keeping a straight line.
 
Mr M Zarb, Stipendiary Steward, suggested that whilst it appeared that "Make It Happen" did have a gap to take, that it had not totally got to the gap, and that by the time it arrived the gap had closed, and that the run for "Make It Happen" had gone.

Submissions for Decision:

Ms Lloyd submitted that had it not been for the interference which she alleged was caused by "Warlock", that "Make It Happen" would have beaten "Warlock". Her submission was supported by Mr Bishop who felt that he would definitely have finished second.

Reasons for Decision:

After giving careful consideration to the totality of the evidence, we find as a fact that "Warlock" maintained a straight line on its run for the winning post. There was a gap for "Make It Happen" at an earlier stage in the race but that gap was closed before "Make It Happen" was in a position to take it. There was evidence of other horses moving ground, but those horses finished behind "Make It Happen" and "Warlock" and therefore the actions of those horses have no bearing on the outcome of this case.

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: 0a36499bde30cc1b92d7d47137719518

informantnumber: A5278

horsename: Make It Happen

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 18/12/2012

hearing_title: Ashburton R C 21 December 2012 - R4 (Instigating a Protest)

charge:

facts:

A protest was filed at the finish of Race 4 by the connections of "Make It Happen".
 
The Judge's official placings were:
1st "Postillion" (5)
2nd "Warlock" (3)
3rd "Make It Happen" (8)
4th "Individual" (4)
5th Te Namu" (9)
 
Ms Lloyd, the trainer of "Make It Happen" (which finished third), alleged that in the home straight, that "Warlock" (which finished second) caused interference by moving outwards when a gap was available for "Make It Happen". She said that this movement caused her horse to change stride and to lose momentum. She said that having regard to the margin between second and third, namely half a head, that had it not been for the interference, that her horse would have beaten "Warlock". She demonstrated the incident on the head-on video camera view, and referred to the closing of the gap which she said was caused by "Warlock". Her views of the matter were supported by Mr RJ Bishop, the rider of "Make It Happen" who maintained that there was outwards pressure from "Warlock".
 
Mr M Harris, the trainer of "Warlock" said that his horse went straight by reference to the grass mowing strip, and that if there was interference it came from other horses, and not from "Warlock". This submission was supported by Mr CW Johnson, the rider of "Warlock" who said that his horse was keeping a straight line.
 
Mr M Zarb, Stipendiary Steward, suggested that whilst it appeared that "Make It Happen" did have a gap to take, that it had not totally got to the gap, and that by the time it arrived the gap had closed, and that the run for "Make It Happen" had gone.

appealdecision:

isappeal:

submissionsfordecision:

Ms Lloyd submitted that had it not been for the interference which she alleged was caused by "Warlock", that "Make It Happen" would have beaten "Warlock". Her submission was supported by Mr Bishop who felt that he would definitely have finished second.

reasonsfordecision:

After giving careful consideration to the totality of the evidence, we find as a fact that "Warlock" maintained a straight line on its run for the winning post. There was a gap for "Make It Happen" at an earlier stage in the race but that gap was closed before "Make It Happen" was in a position to take it. There was evidence of other horses moving ground, but those horses finished behind "Make It Happen" and "Warlock" and therefore the actions of those horses have no bearing on the outcome of this case.

Decision:

The protest is dismissed and the Judge's official placings confirmed.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 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 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.

Informant: N Lloyd - Licensed Trainer

JockeysandTrainer:

Otherperson:

PersonPresent: RJ Bishop - Licensed Jockey ("Make It Happen"), CW Johnson - Licensed Jockey ("Warlock"), M Zarb - Stipendiary Steward, J McLaughlin - Stipendiary Steward

Respondent: M Harris - Licensed Trainer

StipendSteward:

raceid: 7f4cbbfc1cae610912d2a084455678dd

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: 5ca0af996d0927ed7e7b3049ef342ef0

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 21/12/2012

meet_title: Ashburton RC - 21 December 2012

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: ashburton-rc

meet_racingtype: thoroughbred-racing

meet_chair: KHales

meet_pm1: JPhelan

meet_pm2: none

name: Ashburton RC