Avondale JC 25 April 2013 – R 5 (instigating a protest)
ID: JCA11472
Code:
Thoroughbred
Meet Title:
Avondale JC - 25 April 2013
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2013/04/25
Race Number:
R5
Decision:
Accordingly the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
Facts:
Following the running of Race 5, www.teakauracing. com Avondale Classic, an information was filed Instigating a Protest pursuant to Rule 642(1). The informant, Mr B Hawtin, alleged that SHEZHARDTOCATCH placed 3rd by the judge interfered with the chances of DEVOUR placed 4th by the judge. The interference was alleged to have occurred in the final straight.
The judge's placing were as follows:
1st No. 2 GATEWAY
2nd No. 5 NEUTRON STAR
3rd No. 6 SHEZHARDTOCATCH
4th No. 4 DEVOUR
The official margin between 3rd and 4th was half a 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”.
All parties present acknowledged they understood the rule.
Submissions for Decision:
Mr Hawtin submitted that Shezhardtocatch had moved out onto his horse Devour at approximately the 400 metre mark. He added that he believed this movement resulted in Devour losing half a length. He said that he felt Devour had been entitled to finish in 3rd place had the interference not occurred.
Mr Hutchings submitted that at the 400 metre mark his mount Devour had just started to get her momentum up when she suffered pressure from Shezhardtocatch which was racing on her inside. He added that his running line was dictated for approximately 100 metre upon entering the final straight. This caused him to straighten his mount and get balanced up again. He summed up by saying the incident cost his mount more than half a length.
Mr Hills submitted that he was racing side by side with Mr Hutchings and he did not believe the alleged interference had caused Mr Hutchings to lose any momentum.
Mr Peard submitted that Shezhardtocatch did come out and brush Devour at the 400 metre mark. He believed this was competitive riding by Mr Hills and added that Devour had almost 400 metres to get past his horse if she was good enough.
Mr Coles when asked for the assessment of the alleged interference, said he agreed that contact occurred just prior to the 400 metre mark when Shezhardtocatch shifted out onto Devour. However, he added that Devour had sufficient opportunity in the final 350 metres to make up the necessary ground. In summing up he said the Stewards would find it difficult to support the protest.
Mr Hawtin when given the opportunity to sum up had nothing further to add.
Reasons for Decision:
The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We acknowledge that Shezhardtocatch did angle out at the 400 metre mark and brush Devour. This momentarily affected Devour however, she quickly regained momentum and had at least 350 metres to make up any ground on Shezhardtocatch. It was clear on the video films that the alleged interference did not have an impact on Devour finishing in a better position.
For these reasons we are not satisfied that Devour would have beaten Shezhardtocatch.
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: 1ce833731479f2c3622162954636d2a1
informantnumber: A2093
horsename: SHEZHARDTOCATCH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/04/2013
hearing_title: Avondale JC 25 April 2013 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, www.teakauracing. com Avondale Classic, an information was filed Instigating a Protest pursuant to Rule 642(1). The informant, Mr B Hawtin, alleged that SHEZHARDTOCATCH placed 3rd by the judge interfered with the chances of DEVOUR placed 4th by the judge. The interference was alleged to have occurred in the final straight.
The judge's placing were as follows:
1st No. 2 GATEWAY
2nd No. 5 NEUTRON STAR
3rd No. 6 SHEZHARDTOCATCH
4th No. 4 DEVOUR
The official margin between 3rd and 4th was half a 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”.
All parties present acknowledged they understood the rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Hawtin submitted that Shezhardtocatch had moved out onto his horse Devour at approximately the 400 metre mark. He added that he believed this movement resulted in Devour losing half a length. He said that he felt Devour had been entitled to finish in 3rd place had the interference not occurred.
Mr Hutchings submitted that at the 400 metre mark his mount Devour had just started to get her momentum up when she suffered pressure from Shezhardtocatch which was racing on her inside. He added that his running line was dictated for approximately 100 metre upon entering the final straight. This caused him to straighten his mount and get balanced up again. He summed up by saying the incident cost his mount more than half a length.
Mr Hills submitted that he was racing side by side with Mr Hutchings and he did not believe the alleged interference had caused Mr Hutchings to lose any momentum.
Mr Peard submitted that Shezhardtocatch did come out and brush Devour at the 400 metre mark. He believed this was competitive riding by Mr Hills and added that Devour had almost 400 metres to get past his horse if she was good enough.
Mr Coles when asked for the assessment of the alleged interference, said he agreed that contact occurred just prior to the 400 metre mark when Shezhardtocatch shifted out onto Devour. However, he added that Devour had sufficient opportunity in the final 350 metres to make up the necessary ground. In summing up he said the Stewards would find it difficult to support the protest.
Mr Hawtin when given the opportunity to sum up had nothing further to add.
reasonsfordecision:
The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We acknowledge that Shezhardtocatch did angle out at the 400 metre mark and brush Devour. This momentarily affected Devour however, she quickly regained momentum and had at least 350 metres to make up any ground on Shezhardtocatch. It was clear on the video films that the alleged interference did not have an impact on Devour finishing in a better position.
For these reasons we are not satisfied that Devour would have beaten Shezhardtocatch.
Decision:
Accordingly the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr B Hawtin - Trainer of DEVOUR
JockeysandTrainer:
Otherperson:
PersonPresent: Mr A Coles - Stipendiary Steward, Mr A Peard - Stable Foreman for SHEZHARDTOCATCH, Mr R Hutchings - Apprentice Rider of DEVOUR
Respondent: Mr M Hills - Rider of SHEZHARDTOCATCH
StipendSteward:
raceid: ceb2f49cd68ee2d59a8a96d1537a1c6b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ad92aad48507e9d188221c758963f5d8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2013
meet_title: Avondale JC - 25 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Avondale JC