Archive Decision

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Ashburton RC 25 July 2014 – R 10 (instigating a protest)

ID: JCA11963

Applicant:
R McKay-Licensed Trainer

Respondent(s):
C Johnson-Licensed Jockey

Information Number:
A1595

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Ashburton RC - 25 July 2014

Meet Chair:
SChing

Meet Committee Member 1:
PKnowles

Race Date:
2014/07/25

Race Number:
R10

Decision:

The protest was upheld and TURQUOISE was relegated to 3rd place.

Consequent upon the relegation, the amended result for the race is as follows:

1st CORBYN (1)
2nd KODEMA (6)
3rd TURQUOISE (5)
4th FLOSSY THE CAT (13)
5th RIO ROSE (15)
6th GUARDIAN (10)

It was ordered that dividends and stakes be paid in accordance with the judge’s placings as set out above.

Facts:

Following the running of Race 10, the Supreme Equine Feeds Rating 65 1200m, an Information Instigating a Protest was filed by Licensed Trainer Mr R McKay, alleging interference by 2nd placed TURQUOISE (5), ridden by Mr C Johnson, to the 3rd placed KODEMA (6), ridden by Miss L McKay over the concluding stages.

The Judge's placings in this race were as follows:

1st CORBYN (1)
2nd TURQUOISE (5)
3rd KODEMA (6)
4th FLOSSY THE CAT (13)
5th RIO ROSE (15)
6th GUARDIAN (10)

Rule 642(1) provides as follows:

“If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another 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.”

The connections of TURQUOISE were represented at this hearing by Mr C Johnson and representative of the L Latta stable, Miss M Carston. The connections of KODEMA were represented by Mr R McKay, the trainer and Miss L McKay, the rider. All parties agreed that they understood the Rule and the nature of the protest.

Submissions for Decision:

Mr McKay gave evidence and used video coverage to show that near the 200m KODEMA, ridden by Miss L McKay, was attempting to improve between CORBYN, ridden by Miss R Myers, the eventual winner, on the inner and TURQUOISE, ridden by Mr C Johnson, on the outer, when TURQUOISE shifted inwards closing the gap and forcing KODEMA to check. KODEMA then had to shift ground inwards to find clear running, inside CORBYN, before improving on to finish in 3rd place a long neck behind TURQUOISE. Miss McKay stated that she was established in the gap and she had had to steady when TURQUOISE had shifted in closing the gap. She also stated that the interference had cost her horse 1 ½ lengths.

Miss Carston and Mr Johnson gave evidence and submitted that the films showed that TURQUOISE had only moved inwards about ½ a horse and that KODEMA was not established in the gap as claimed. Miss Carston stated that KODEMA was under a ride when attempting to take advantage of the gap and was not quite there when the gap closed. She also said that KODEMA was never established in the gap between TURQUOISE and CORBYN.

Stipendiary Steward, Mr N McIntyre, in giving his interpretation of the incident stated that, near the 200m, KODEMA has been starved of a run which the Stewards estimated had cost that horse ¾ of a length and also its momentum. KODEMA had then had to shift ground inwards to find clear running and had run on to finish a long neck back from 2nd placed TURQUOISE. He submitted that as KODEMA had lost ¾ of a length at a critical stage of the race and also taking into consideration the margin of a long neck, the Stewards supported the protest.

Reasons for Decision:

We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling with the side on and head on video replays showing KODEMA improving between TURQUOISE and CORBYN when there was a clear run available. We were satisfied that KODEMA was established in the gap and was positioned approximately 1 length behind TURQUOISE when the interference occurred. We were also satisfied that TURQUOISE shifted ground inwards when not clear forcing KODEMA to check and have to change ground to the inside of CORBYN to find clear running. We find that KODEMA was improving from behind TURQUOISE when checked and losing momentum. We also found that KODEMA then changed ground and improved on again finishing within a long neck of TURQUOISE. The Committee were satisfied that but for the interference from TURQUOISE to KODEMA near the 200m, KODEMA would have finished ahead of that horse. We therefore upheld the protest and relegated TURQUOISE to 3rd place.

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: 2dde7ebe06c6317afe4ea43aa9ddd904


informantnumber: A1595


horsename: TURQUOISE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 25/07/2014


hearing_title: Ashburton RC 25 July 2014 - R 10 (instigating a protest)


charge:


facts:

Following the running of Race 10, the Supreme Equine Feeds Rating 65 1200m, an Information Instigating a Protest was filed by Licensed Trainer Mr R McKay, alleging interference by 2nd placed TURQUOISE (5), ridden by Mr C Johnson, to the 3rd placed KODEMA (6), ridden by Miss L McKay over the concluding stages.

The Judge's placings in this race were as follows:

1st CORBYN (1)
2nd TURQUOISE (5)
3rd KODEMA (6)
4th FLOSSY THE CAT (13)
5th RIO ROSE (15)
6th GUARDIAN (10)

Rule 642(1) provides as follows:

“If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another 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.”

The connections of TURQUOISE were represented at this hearing by Mr C Johnson and representative of the L Latta stable, Miss M Carston. The connections of KODEMA were represented by Mr R McKay, the trainer and Miss L McKay, the rider. All parties agreed that they understood the Rule and the nature of the protest.


appealdecision:


isappeal:


submissionsfordecision:

Mr McKay gave evidence and used video coverage to show that near the 200m KODEMA, ridden by Miss L McKay, was attempting to improve between CORBYN, ridden by Miss R Myers, the eventual winner, on the inner and TURQUOISE, ridden by Mr C Johnson, on the outer, when TURQUOISE shifted inwards closing the gap and forcing KODEMA to check. KODEMA then had to shift ground inwards to find clear running, inside CORBYN, before improving on to finish in 3rd place a long neck behind TURQUOISE. Miss McKay stated that she was established in the gap and she had had to steady when TURQUOISE had shifted in closing the gap. She also stated that the interference had cost her horse 1 ½ lengths.

Miss Carston and Mr Johnson gave evidence and submitted that the films showed that TURQUOISE had only moved inwards about ½ a horse and that KODEMA was not established in the gap as claimed. Miss Carston stated that KODEMA was under a ride when attempting to take advantage of the gap and was not quite there when the gap closed. She also said that KODEMA was never established in the gap between TURQUOISE and CORBYN.

Stipendiary Steward, Mr N McIntyre, in giving his interpretation of the incident stated that, near the 200m, KODEMA has been starved of a run which the Stewards estimated had cost that horse ¾ of a length and also its momentum. KODEMA had then had to shift ground inwards to find clear running and had run on to finish a long neck back from 2nd placed TURQUOISE. He submitted that as KODEMA had lost ¾ of a length at a critical stage of the race and also taking into consideration the margin of a long neck, the Stewards supported the protest.


reasonsfordecision:

We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling with the side on and head on video replays showing KODEMA improving between TURQUOISE and CORBYN when there was a clear run available. We were satisfied that KODEMA was established in the gap and was positioned approximately 1 length behind TURQUOISE when the interference occurred. We were also satisfied that TURQUOISE shifted ground inwards when not clear forcing KODEMA to check and have to change ground to the inside of CORBYN to find clear running. We find that KODEMA was improving from behind TURQUOISE when checked and losing momentum. We also found that KODEMA then changed ground and improved on again finishing within a long neck of TURQUOISE. The Committee were satisfied that but for the interference from TURQUOISE to KODEMA near the 200m, KODEMA would have finished ahead of that horse. We therefore upheld the protest and relegated TURQUOISE to 3rd place.


Decision:

The protest was upheld and TURQUOISE was relegated to 3rd place.

Consequent upon the relegation, the amended result for the race is as follows:

1st CORBYN (1)
2nd KODEMA (6)
3rd TURQUOISE (5)
4th FLOSSY THE CAT (13)
5th RIO ROSE (15)
6th GUARDIAN (10)

It was ordered that dividends and stakes be paid in accordance with the judge’s placings as set out above.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: R McKay-Licensed Trainer


JockeysandTrainer:


Otherperson:


PersonPresent: L McKay-Licensed Apprentice Jockey, M Carston-Stable Representative


Respondent: C Johnson-Licensed Jockey


StipendSteward:


raceid: d400555a73ed53754b9eff8259892de5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 065782bc5ea807b0f17c068c9cb82dc9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/07/2014


meet_title: Ashburton RC - 25 July 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: PKnowles


meet_pm2: none


name: Ashburton RC