Archive Decision

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Auckland RC 12 January 2013 – R 10 (instigating a protest)

ID: JCA11133

Applicant:
Mr A Calder - Rider of EWENIGHT

Respondent(s):
Ms P Riley - Trainer of KIJANI

Information Number:
A2082

Hearing Type:
Protest

Rules:
642

Code:
Thoroughbred

Meet Title:
Auckland RC - 12 January 2013

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2013/01/12

Race Number:
R 10

Decision:

Accordingly the protest is upheld and the amended placings are now:

1st No. 12 MANGAROA MINI
2nd No. 6 EWENIGHT
3rd No. 8 KIJANI

In conclusion we order the payment of stakes and dividends in accordance with the amended placings.

Facts:

Following the running of Race 10, an information Instigating a Protest was filed pursuant to Rule 642. The informant, Mr A Calder, alleged that KIJANI placed 1st by the judge interfered with the chances of his mount EWENIGHT placed 3rd. The interference was alleged to have occurred in the final straight.

The judge's placing were as follows:

1st No. 8 KIJANI
2nd No. 12 MANGAROA MINI
3rd No. 6 EWENIGHT

The official margins were a short head between 1st and 2nd and 2 lengths between 2nd and 3rd.

Submissions for Decision:

Mr Calder submitted his protest was lodged on the grounds that EWENIGHT didn't get clear running in the last 150 metres when it was making up substantial ground from a long way back. He said the winner KIJANI shifted in sharply resulting in his horse receiving severe contact. He submitted that he was about to burst between KIJANI and MANGAROA MINI when he received severe contact and his mount did well to stand up. He submitted the interference cost him from winning the race.

Mr Phillips submitted that he agreed with Mr Calder's interpretation of the incident. He believed that when KIJANI moved in he denied EWENIGHT a run when his horse had a full head of steam up.

Ms Riley submitted that her horse was racing in blinkers for the first time. She conceded that KIJANI did move in a little bit however believed the gap was there for EWENIGHT but her horse was travelling better. She said KIJANI ran away from EWENIGHT at the finish.

Mr Hutchings submitted that EWENIGHT had enough time to get through the gap and believed the horse started to knock up. He said EWENIGHT made contact with KIJANI and put him off balance. He believed his mount was too good and EWENIGHT had its chance noting that it was beaten over 2 lengths. He further added that EWENIGHT didn't make ground up after the alleged interference.

Mr Williamson when asked for his assessment of the alleged interference submitted that the protest should be dismissed on the grounds that KIJANI beat EWENIGHT by more than 2 lengths.

Mr Calder in summing up submitted that at the 150 metre mark he was within a neck of hitting the front and hadn't gone for his horse. He stated that KIJANI was under a vigorous ride when he received the interference. He said he held his position after the interference.

Mr Williamson submitted a request to the committee that he wished to review his position after viewing the video films again. He submitted that he now supports the protest on the grounds that EWENIGHT came from several lengths behind KIJANI in the final straight.

All parties acknowledged they had received a fair hearing and nothing further to add.

Reasons for Decision:

The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 175 metres Mr Calder directs his mount to take the gap that was available between KIJANI and MANGAROA MINI. However, at approximately the 125 metres EWENIGHT gets to be within a neck of KIJANI and gets squeezed out of the gap. The head on films show that KIJANI shifts in approximately 2 horse widths when not the required distance clear of EWENIGHT. We note that EWENIGHT had come from behind KIJANI in the straight and was making up ground strongly prior to being squeezed out of its rightful running line. The films support Mr Calder view that he hadn't gone for his horse when the interference occurred and EWENIGHT was about to challenge for the lead. It was clear on the films when the incident occurred EWENIGHT lost ground.

For these reasons we are satisfied that EWENIGHT would have beaten KIJANI had 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: 1573a780390bd7a9e40442e351c6c306


informantnumber: A2082


horsename: KIJANI


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/12/2012


hearing_title: Auckland RC 12 January 2013 - R 10 (instigating a protest)


charge:


facts:

Following the running of Race 10, an information Instigating a Protest was filed pursuant to Rule 642. The informant, Mr A Calder, alleged that KIJANI placed 1st by the judge interfered with the chances of his mount EWENIGHT placed 3rd. The interference was alleged to have occurred in the final straight.

The judge's placing were as follows:

1st No. 8 KIJANI
2nd No. 12 MANGAROA MINI
3rd No. 6 EWENIGHT

The official margins were a short head between 1st and 2nd and 2 lengths between 2nd and 3rd.


appealdecision:


isappeal:


submissionsfordecision:

Mr Calder submitted his protest was lodged on the grounds that EWENIGHT didn't get clear running in the last 150 metres when it was making up substantial ground from a long way back. He said the winner KIJANI shifted in sharply resulting in his horse receiving severe contact. He submitted that he was about to burst between KIJANI and MANGAROA MINI when he received severe contact and his mount did well to stand up. He submitted the interference cost him from winning the race.

Mr Phillips submitted that he agreed with Mr Calder's interpretation of the incident. He believed that when KIJANI moved in he denied EWENIGHT a run when his horse had a full head of steam up.

Ms Riley submitted that her horse was racing in blinkers for the first time. She conceded that KIJANI did move in a little bit however believed the gap was there for EWENIGHT but her horse was travelling better. She said KIJANI ran away from EWENIGHT at the finish.

Mr Hutchings submitted that EWENIGHT had enough time to get through the gap and believed the horse started to knock up. He said EWENIGHT made contact with KIJANI and put him off balance. He believed his mount was too good and EWENIGHT had its chance noting that it was beaten over 2 lengths. He further added that EWENIGHT didn't make ground up after the alleged interference.

Mr Williamson when asked for his assessment of the alleged interference submitted that the protest should be dismissed on the grounds that KIJANI beat EWENIGHT by more than 2 lengths.

Mr Calder in summing up submitted that at the 150 metre mark he was within a neck of hitting the front and hadn't gone for his horse. He stated that KIJANI was under a vigorous ride when he received the interference. He said he held his position after the interference.

Mr Williamson submitted a request to the committee that he wished to review his position after viewing the video films again. He submitted that he now supports the protest on the grounds that EWENIGHT came from several lengths behind KIJANI in the final straight.

All parties acknowledged they had received a fair hearing and nothing further to add.


reasonsfordecision:

The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 175 metres Mr Calder directs his mount to take the gap that was available between KIJANI and MANGAROA MINI. However, at approximately the 125 metres EWENIGHT gets to be within a neck of KIJANI and gets squeezed out of the gap. The head on films show that KIJANI shifts in approximately 2 horse widths when not the required distance clear of EWENIGHT. We note that EWENIGHT had come from behind KIJANI in the straight and was making up ground strongly prior to being squeezed out of its rightful running line. The films support Mr Calder view that he hadn't gone for his horse when the interference occurred and EWENIGHT was about to challenge for the lead. It was clear on the films when the incident occurred EWENIGHT lost ground.

For these reasons we are satisfied that EWENIGHT would have beaten KIJANI had interference not occurred.


Decision:

Accordingly the protest is upheld and the amended placings are now:

1st No. 12 MANGAROA MINI
2nd No. 6 EWENIGHT
3rd No. 8 KIJANI

In conclusion we order the payment of stakes and dividends in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642


Informant: Mr A Calder - Rider of EWENIGHT


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Williamson - Stipendiary Steward, Mr M Phillips - Trainer of EWENIGHT, Mr R Hutchings - Rider of KIJANI


Respondent: Ms P Riley - Trainer of KIJANI


StipendSteward:


raceid: aed0b1441af833d5d11bcb90d8af20bb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c6878205f14a2fe61220b61efdd07fcb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2013


meet_title: Auckland RC - 12 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland RC