Archive Decision

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R Tauranga 4 September 2015 – R 6 (instigating a protest) Chair, Mr A Dooley

ID: JCA10810

Applicant:
Mr A Scott - Co Trainer of KEEPHERINMIND

Respondent(s):
Mr D Hain - Rider of PHILIPA CHARLOTTE

Information Number:
A7554

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 4 September 2015

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2015/09/04

Race Number:
R6

Decision:

The protest is dismissed and the Judge's placing’s shall stand. The Committee authorised the payment of stakes and dividends in accordance with its decision.

Facts:

Following the running of race 6, BAYLEYS REAL ESTATE 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr A Scott, alleged that PHILIPA CHARLOTTE or its rider placed 1st by the Judge interfered with the chances of KEEPHERINMIND placed 2nd by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st No.8 PHILIPA CHARLOTTE
2nd No.3 KEEPHERINMIND
3rd No.4 CRIMSON PRINCE
4th No.1 DELUXE EDITION

The official margin between 1st and 2nd was a head.

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”.

Mr Scott requested for the Rule to be read. All parties present then acknowledged they understood the Rule.

Submissions for Decision:

Mr Scott submitted that PHILIPA CHARLOTTE shifted out onto KEEPHERINMIND on 3 occasions in the final straight. He said Mr Coleman couldn’t ride KEEPHERINMIND out and he identified that shortly before the finish line PHILIPA CHARLOTTE made contact with KEEPHERINMIND. He said given the head margin any slight interference was notable.

Mr Coleman submitted that the incident that occurred at the 400 metres had nothing to do with PHILIPA CHARLOTTE. He said on 3 occasions in the final straight PHILIPA CHARLOTTE shifted ground and made contact with KEEPHERINMIND. He believed if he was able to ride KEEPHERINMIND out he would have won the race.

Mr Hain said the incident that occurred on the home turn was not caused by his mount. He said in the home straight his mount was inclined to run away from the other horse and acknowledged that some contact occurred.

Mr Caddy submitted that both horses shifted ground in the final straight and was of the view that KEEPHERINMIND lay in on PHILIPA CHARLOTTE.

Mr Williamson was invited to make comment on the alleged interference. He said the initial interference that occurred on the turn was caused by CRIMSON PRINCE and not PHILIPA CHARLOTTE. He identified that PHILIPA CHARLOTTE shifted out early in the home straight making brief contact with KEEPHERINMIND. He noted that KEEPHERINMIND shifted in onto PHILIPA CHARLOTTE passing the 200 metres. He said the interference that occurred inside the final 50 metres was slight and in his view the protest should be dismissed.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established near the 300 metres PHILIPA CHARLOTTE and KEEPHERINMIND brushed for 1 stride when CRIMSON PRINCE shifted out. Passing the 200 metres PHILIPA CHARLOTTE and KEEPHERINMIND contributed to a minor brush when they both momentarily shifted ground. When the head – on and side – on films were synchronised it is evident that the only relevant contact between the 2 horses occurred 2 ½ strides before the winning post when PHILIPA CHARLOTTE moved out slightly making brief contact with KEEPHERINMIND. It is also evident up to that point PHILIPA CHARLOTTE was holding off the challenge from KEEPHERINMIND. The Committee is of the opinion this did not have a bearing on the outcome of the race and accordingly there is insufficient grounds to justify a change of placings.

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: 0ab41944060ddbff8af88eab4a949502


informantnumber: A7554


horsename: PHILIPA CHARLOTTE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 07/09/2015


hearing_title: R Tauranga 4 September 2015 - R 6 (instigating a protest) Chair, Mr A Dooley


charge:


facts:

Following the running of race 6, BAYLEYS REAL ESTATE 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr A Scott, alleged that PHILIPA CHARLOTTE or its rider placed 1st by the Judge interfered with the chances of KEEPHERINMIND placed 2nd by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st No.8 PHILIPA CHARLOTTE
2nd No.3 KEEPHERINMIND
3rd No.4 CRIMSON PRINCE
4th No.1 DELUXE EDITION

The official margin between 1st and 2nd was a head.

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”.

Mr Scott requested for the Rule to be read. All parties present then acknowledged they understood the Rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr Scott submitted that PHILIPA CHARLOTTE shifted out onto KEEPHERINMIND on 3 occasions in the final straight. He said Mr Coleman couldn’t ride KEEPHERINMIND out and he identified that shortly before the finish line PHILIPA CHARLOTTE made contact with KEEPHERINMIND. He said given the head margin any slight interference was notable.

Mr Coleman submitted that the incident that occurred at the 400 metres had nothing to do with PHILIPA CHARLOTTE. He said on 3 occasions in the final straight PHILIPA CHARLOTTE shifted ground and made contact with KEEPHERINMIND. He believed if he was able to ride KEEPHERINMIND out he would have won the race.

Mr Hain said the incident that occurred on the home turn was not caused by his mount. He said in the home straight his mount was inclined to run away from the other horse and acknowledged that some contact occurred.

Mr Caddy submitted that both horses shifted ground in the final straight and was of the view that KEEPHERINMIND lay in on PHILIPA CHARLOTTE.

Mr Williamson was invited to make comment on the alleged interference. He said the initial interference that occurred on the turn was caused by CRIMSON PRINCE and not PHILIPA CHARLOTTE. He identified that PHILIPA CHARLOTTE shifted out early in the home straight making brief contact with KEEPHERINMIND. He noted that KEEPHERINMIND shifted in onto PHILIPA CHARLOTTE passing the 200 metres. He said the interference that occurred inside the final 50 metres was slight and in his view the protest should be dismissed.


reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established near the 300 metres PHILIPA CHARLOTTE and KEEPHERINMIND brushed for 1 stride when CRIMSON PRINCE shifted out. Passing the 200 metres PHILIPA CHARLOTTE and KEEPHERINMIND contributed to a minor brush when they both momentarily shifted ground. When the head – on and side – on films were synchronised it is evident that the only relevant contact between the 2 horses occurred 2 ½ strides before the winning post when PHILIPA CHARLOTTE moved out slightly making brief contact with KEEPHERINMIND. It is also evident up to that point PHILIPA CHARLOTTE was holding off the challenge from KEEPHERINMIND. The Committee is of the opinion this did not have a bearing on the outcome of the race and accordingly there is insufficient grounds to justify a change of placings.


Decision:

The protest is dismissed and the Judge's placing’s shall stand. The Committee authorised the payment of stakes and dividends in accordance with its decision.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr A Scott - Co Trainer of KEEPHERINMIND


JockeysandTrainer:


Otherperson:


PersonPresent: Mr D Moss - Co Owner of KEEPHERINMIND, Mr M Williamson -Stipendiary Steward, Mr M Coleman - Rider of KEEPEHERINMIND, Mr R Caddy - Trainer of PHILIPA CHARLOTTE


Respondent: Mr D Hain - Rider of PHILIPA CHARLOTTE


StipendSteward:


raceid: 20118d56d272c7fd3d125fcca7987ffb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1e078ce548ff2d68b8bc2a8ea130ec30


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/09/2015


meet_title: Racing Tauranga - 4 September 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Racing Tauranga