Archive Decision

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Waikato RC 10 December 2016 – R 1 (instigating a protest) Chair, Mr A Dooley

ID: JCA10819

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr S Weatherley - Apprentice Rider of CALLIGRAPHY

Information Number:
A6999

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Waikato RC - 10 December 2016

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2016/12/10

Race Number:
R1

Decision:

Accordingly, the protest was upheld and CALLIGRAPHY was relegated from 1st to 2nd place.

The amended placings were:

1st - No. 7 KEELY BE
2nd - No. 4 CALLIGRAPHY
3rd - No. 2 SIN TO WIN
4th - No. 3 CHANCERY

The Committee authorised the payment of stakes and dividends in accordance with its decision.

Facts:

Following the running of Race 1, New World Te Rapa Premier , an Information was filed Instigating a Protest pursuant to Rule 642(1).The Informant, Mr Oatham, alleged that CALLIGRAPHY or its rider placed 1st by the Judge interfered with the chances of KEELY BE placed 2nd by the Judge.

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

The Judge's placing were as follows:

1st - No. 4 CALLIGRAPHY
2nd - No. 7 KEELY BE
3rd - No. 2 SIN TO WIN
4th - No. 3 CHANCERY

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”.

All connections present acknowledged they understood the Rule.

Submissions for Decision:

Mr Coles identified the alleged incident using all the available video films. He said that near the 100 metres CALLIGRAPHY was racing adjacent to the running rail. He pointed out that over the final 50 to 60 metres CALLIGRAPHY shifted out 2 to 3 horse widths when being ridden forward with the whip. He demonstrated that KEELY BE was taking ground off CALLIGRAHY over the final stages of the race and identified that KEELY BE got to within a head of CALLIGRAPHY at the finish.

Mr O’Sullivan was nominated to speak on behalf of his Apprentice rider Mr Weatherley.

Mr O’Sullivan stated that Mrs McCulloch did not stop riding her mount and she was not impeded when CALLIGRAPHY shifted out. He believed that the interference occurred 2 and ½ strides before the finish line.

Mr McCarroll said he agreed with Mr O’Sullivan’s interpretation of the incident and reiterated that the alleged interference occurred close to the finish line.

Mrs McCulloch stated that she was gathering up CALLIGRAPHY and had that horse well covered until it shifted out and bumped into KEELY BE which affected her momentum near the 50 metres. She identified it was at that exact point when her mount was going to go past CALLIGRAPHY. She indicated when CALLIGRAPHY shifted out this “intimidated” KEELY BE. She believed that the interference cost KEELY BE from winning the race.

Mr Oatham produced the photo finish of the race at the request of Mr Greene. Mr McCarroll objected to this being presented as evidence. The Committee advised Mr McCarroll that the official margin was a head and the actual photo finish would not have a bearing on our decision.

Mr Greene identified that KEELY BE was making up good ground on CALLIGRAPHY until that runner shifted out and made contact with his horse near the 50 metres. He said this resulted in KEELY BE losing momentum and he believed but for the interference KEELY BE would have beaten CALLIGRAPHY.

Mr Oatham concluded by saying that KEELY BE was taking good ground off CALLIGRAPHY in the final straight. He identified that inside the final 100 metres CALLIGRAPHY shifted out and made contact with KEELY BE which lost momentum. He stated that CALLIGRAPHY took KEELY BE’s rightful line of running and forced her wider on the track in a head - bobbing finish.

Reasons for Decision:

The Committee carefully considered all of the submissions and reviewed the video films several times. We established at the 200 metres KEELY BE was 1 and ½ lengths in arrears of CALLIGRAPHY and at that stage she was making ground on that runner. We identified at the 100 metres KEELY BE was 1 length behind CALLIGRAPHY and continuing to make up good ground. Over the final 50 to 60 metres of the race it was obvious that CALLIGRAPHY commenced to shift out into the rightful running line of KEELY BE. It was evident this hampered KEELY BE’s momentum at a vital stage in the race. It was significant to note on the head–on film that CALLIGRAPHY continued to shift out approximately 3 horse widths when being ridden forward with the whip. We viewed that Mr Weatherley struck his mount 5 times before taking any corrective action and this resulted in CALLIGRAPHY making contact with KEELY BE. We consider this was noteworthy given the head margin between the 2 horses at the finish.

After taking into account all the above factors the Committee is of the opinion that KEELY BE would have beaten CALLIGRAPHY 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: 0dff9c00979842e2be3d6c87de7898c7


informantnumber: A6999


horsename: CALLIGRAPHY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/12/2016


hearing_title: Waikato RC 10 December 2016 - R 1 (instigating a protest) Chair, Mr A Dooley


charge:


facts:

Following the running of Race 1, New World Te Rapa Premier , an Information was filed Instigating a Protest pursuant to Rule 642(1).The Informant, Mr Oatham, alleged that CALLIGRAPHY or its rider placed 1st by the Judge interfered with the chances of KEELY BE placed 2nd by the Judge.

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

The Judge's placing were as follows:

1st - No. 4 CALLIGRAPHY
2nd - No. 7 KEELY BE
3rd - No. 2 SIN TO WIN
4th - No. 3 CHANCERY

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”.

All connections present acknowledged they understood the Rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr Coles identified the alleged incident using all the available video films. He said that near the 100 metres CALLIGRAPHY was racing adjacent to the running rail. He pointed out that over the final 50 to 60 metres CALLIGRAPHY shifted out 2 to 3 horse widths when being ridden forward with the whip. He demonstrated that KEELY BE was taking ground off CALLIGRAHY over the final stages of the race and identified that KEELY BE got to within a head of CALLIGRAPHY at the finish.

Mr O’Sullivan was nominated to speak on behalf of his Apprentice rider Mr Weatherley.

Mr O’Sullivan stated that Mrs McCulloch did not stop riding her mount and she was not impeded when CALLIGRAPHY shifted out. He believed that the interference occurred 2 and ½ strides before the finish line.

Mr McCarroll said he agreed with Mr O’Sullivan’s interpretation of the incident and reiterated that the alleged interference occurred close to the finish line.

Mrs McCulloch stated that she was gathering up CALLIGRAPHY and had that horse well covered until it shifted out and bumped into KEELY BE which affected her momentum near the 50 metres. She identified it was at that exact point when her mount was going to go past CALLIGRAPHY. She indicated when CALLIGRAPHY shifted out this “intimidated” KEELY BE. She believed that the interference cost KEELY BE from winning the race.

Mr Oatham produced the photo finish of the race at the request of Mr Greene. Mr McCarroll objected to this being presented as evidence. The Committee advised Mr McCarroll that the official margin was a head and the actual photo finish would not have a bearing on our decision.

Mr Greene identified that KEELY BE was making up good ground on CALLIGRAPHY until that runner shifted out and made contact with his horse near the 50 metres. He said this resulted in KEELY BE losing momentum and he believed but for the interference KEELY BE would have beaten CALLIGRAPHY.

Mr Oatham concluded by saying that KEELY BE was taking good ground off CALLIGRAPHY in the final straight. He identified that inside the final 100 metres CALLIGRAPHY shifted out and made contact with KEELY BE which lost momentum. He stated that CALLIGRAPHY took KEELY BE’s rightful line of running and forced her wider on the track in a head - bobbing finish.


reasonsfordecision:

The Committee carefully considered all of the submissions and reviewed the video films several times. We established at the 200 metres KEELY BE was 1 and ½ lengths in arrears of CALLIGRAPHY and at that stage she was making ground on that runner. We identified at the 100 metres KEELY BE was 1 length behind CALLIGRAPHY and continuing to make up good ground. Over the final 50 to 60 metres of the race it was obvious that CALLIGRAPHY commenced to shift out into the rightful running line of KEELY BE. It was evident this hampered KEELY BE’s momentum at a vital stage in the race. It was significant to note on the head–on film that CALLIGRAPHY continued to shift out approximately 3 horse widths when being ridden forward with the whip. We viewed that Mr Weatherley struck his mount 5 times before taking any corrective action and this resulted in CALLIGRAPHY making contact with KEELY BE. We consider this was noteworthy given the head margin between the 2 horses at the finish.

After taking into account all the above factors the Committee is of the opinion that KEELY BE would have beaten CALLIGRAPHY had such interference not occurred.


Decision:

Accordingly, the protest was upheld and CALLIGRAPHY was relegated from 1st to 2nd place.

The amended placings were:

1st - No. 7 KEELY BE
2nd - No. 4 CALLIGRAPHY
3rd - No. 2 SIN TO WIN
4th - No. 3 CHANCERY

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 J Oatham - Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr L O'Sullivan - Trainer assisting his Apprentice Mr S Weatherley, Mr R McCarroll - Trainer of CALLIGRAPHY, Mr D Greene - Trainer of KEELY BE, Mrs K McCulloch - Rider of KEELY BE, Mr D Ryan - Journalist, Mr A Rodley - Trackside TV, Mr A Coles - Stipendiary Steward


Respondent: Mr S Weatherley - Apprentice Rider of CALLIGRAPHY


StipendSteward:


raceid: a297542dc4b125c1f0577d3c9306c370


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a8bf4c0f215e8a3fdb8c60e6feeb5790


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/12/2016


meet_title: Waikato RC - 10 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Waikato RC