R Tauranga 5 February 2014 – R 3 (instigating a protest)
ID: JCA10768
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 5 February 2014
Meet Chair:
ADooley
Race Date:
2014/02/05
Race Number:
Race 3
Decision:
Accordingly the protest is dismissed and the Judge's placing’s shall stand. In conclusion I order the payment of stakes and dividends.
Facts:
Following the running of Race 3, Mills Reef Winery & Restaurant 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Turner, alleged that ROGART placed 3rd by the Judge interfered with the chances of FIVEUNDRED placed 6th by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No.6 MRS SIN
2nd No.3 ERNIE
3rd No.4 ROGART
4th No.2 MALCOLM
5th No. 8 STAGE DOOR
6th No. 7 FIVEUNDRED
The official margins were one length, one and ¾ lengths, short neck, head and one length.
Rule 642(1) states: “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”.
Submissions for Decision:
Mr Turner submitted that the interference he received on his mount FIVEUNDRED from ROGART was severe and believed it cost him about 2 lengths. Mr Turner said he had to take evasive action and the interference probably cost him 3rd place.
Mr McKeagg, the trainer of ROGART, was late arriving at the hearing because he was required to saddle up his horse in the following race. I gave Mr McKeagg the opportunity to view the video films before making his submissions.
Mr McKeagg submitted that FIVEUNDRED wasn’t going to beat his horse ROGART. He said FIVEUNDRED was being ridden with vigour and not making ground on ROGART. He noted the contrast to MALCOLM which did make ground on ROGART which was subsequently promoted in the race.
Mr Oliver submitted ROGART drifted out and “got lost” when in the lead.
Mr Old the trainer of FIVEUNDRED was not present at the hearing.
Mr Oatham submitted that at the 250 metres there was severe interference affecting several runners. He said FIVEUNDRED did lose momentum and accepted it may have cost him approximately 2 lengths. He added the protest did have some merit.
Mr Turner in summing up had nothing further to add.
Mr McKeagg in summing up had nothing further to add.
Reasons for Decision:
I carefully considered all evidence and submissions presented and reviewed the video films several times. It was clear at approximately the 250 metres ROGART shifted out abruptly when racing in the lead. This resulted in several runners being checked to various degrees. I accept that FIVEUNDRED was pushed sideways for several strides when ROGART shifted out into the rightful running line of MALCOLM. I note that when this incident occurred MRS SIN and ERNIE were also hampered.
In reviewing the films I note prior to the interference at the 250 metres FIVEUNDRED was being ridden with vigour to hold her position.
Viewing the films over the final 200 metres when all horses had clear running it is noteworthy that FIVEUNDRED was not taking any ground off ROGART and finished approximately 1 and ½ lengths in arrears of ROGART at the finish. However, significantly both MRS SIN and ERNIE finished the race off strongly to finish 1st and 2nd in the race.
Therefore, I am not satisfied that FIVEUNDRED would have beaten ROGART had such interference not occurred.
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: 01781820263fb42ae0ccdd138048a40a
informantnumber: A2950
horsename: ROGART
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2014
hearing_title: R Tauranga 5 February 2014 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, Mills Reef Winery & Restaurant 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Turner, alleged that ROGART placed 3rd by the Judge interfered with the chances of FIVEUNDRED placed 6th by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No.6 MRS SIN
2nd No.3 ERNIE
3rd No.4 ROGART
4th No.2 MALCOLM
5th No. 8 STAGE DOOR
6th No. 7 FIVEUNDRED
The official margins were one length, one and ¾ lengths, short neck, head and one length.
Rule 642(1) states: “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”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Turner submitted that the interference he received on his mount FIVEUNDRED from ROGART was severe and believed it cost him about 2 lengths. Mr Turner said he had to take evasive action and the interference probably cost him 3rd place.
Mr McKeagg, the trainer of ROGART, was late arriving at the hearing because he was required to saddle up his horse in the following race. I gave Mr McKeagg the opportunity to view the video films before making his submissions.
Mr McKeagg submitted that FIVEUNDRED wasn’t going to beat his horse ROGART. He said FIVEUNDRED was being ridden with vigour and not making ground on ROGART. He noted the contrast to MALCOLM which did make ground on ROGART which was subsequently promoted in the race.
Mr Oliver submitted ROGART drifted out and “got lost” when in the lead.
Mr Old the trainer of FIVEUNDRED was not present at the hearing.
Mr Oatham submitted that at the 250 metres there was severe interference affecting several runners. He said FIVEUNDRED did lose momentum and accepted it may have cost him approximately 2 lengths. He added the protest did have some merit.
Mr Turner in summing up had nothing further to add.
Mr McKeagg in summing up had nothing further to add.
reasonsfordecision:
I carefully considered all evidence and submissions presented and reviewed the video films several times. It was clear at approximately the 250 metres ROGART shifted out abruptly when racing in the lead. This resulted in several runners being checked to various degrees. I accept that FIVEUNDRED was pushed sideways for several strides when ROGART shifted out into the rightful running line of MALCOLM. I note that when this incident occurred MRS SIN and ERNIE were also hampered.
In reviewing the films I note prior to the interference at the 250 metres FIVEUNDRED was being ridden with vigour to hold her position.
Viewing the films over the final 200 metres when all horses had clear running it is noteworthy that FIVEUNDRED was not taking any ground off ROGART and finished approximately 1 and ½ lengths in arrears of ROGART at the finish. However, significantly both MRS SIN and ERNIE finished the race off strongly to finish 1st and 2nd in the race.
Therefore, I am not satisfied that FIVEUNDRED would have beaten ROGART had such interference not occurred.
Decision:
Accordingly the protest is dismissed and the Judge's placing’s shall stand. In conclusion I order the payment of stakes and dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr P Turner - Rider of FIVEUNDRED
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Oliver - rider of ROGART, Mr J Oatham - Senior Stipendiary Steward
Respondent: Mr B McKeagg - Trainer of ROGART
StipendSteward:
raceid: 40ed44106d745e29b14541a3566e6133
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eba89eb398cc1fced5ae1bc14f3e13dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2014
meet_title: Racing Tauranga - 5 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Tauranga