Waipa RC 25 March 2011 – R 6 (instigating a protest)
ID: JCA12083
Code:
Thoroughbred
Meet Title:
Waipa RC - 25 March 2011
Meet Chair:
GJones
Meet Committee Member 1:
RSeabrook
Race Date:
2011/03/25
Race Number:
R6
Decision:
For the reasons outlined above the committee is not sufficiently satisfied that either A CUT ABOVE or its rider Mr Coleman, were the primary cause of the interference to DELAMAN. Further the committee is not of the opinion that DELAMAN would have necessarily finished ahead of A CUT ABOVE had the interference not occurred. On that basis the protest is dismissed and the payment of dividends is authorised as per the Judges placings.
Facts:
Mr P Jenkins the Trainer of DELAMAN lodged a protest alleging that A CUT ABOVE or its rider placed first by the Judge interfered with the chances of DELAMAN placed third by the Judge.
Rule 624 (1) provides that:
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.
The provisional Judges placings were:
No 3 A CUT ABOVE 1ST
No 8 ROCKADUBAI 2ND
No 2 DELAMAN 3RD
No 13 COLHEITA 4TH
No 5 MARABEEL 5TH
The official margins were a Lg hd, ½ hd, 1L.
The Informant Mr Jenkins demonstrated via head and side-on video film that A CUT ABOVE changed ground in the final straight when insufficiently clear of DELAMAN. He told the committee that this resulted in the rider of DELAMAN having to check his mount, costing him an opportunity to win the race. Mr Jenkins said that in his view A CUT ABOVE was not two lengths clear of DELAMAN.
Mr D Nolen the rider of DELAMAN told the committee that he was following A CUT ABOVE and as a result of that horses outward movement he had to pull back on his mount and change ground, which he said clearly cost him the winning of the race. He said that his horse was full of running at the time and shortly after passing the winning post he was two lengths in front of the field.
Mr B Baker demonstrated via head and side on video film that A CUT ABOVE did move out, but he believed that the film showed that A CUT ABOVE was clear of DELAMAN at the time. He said that Mr Nolen continued to ride DELAMAN forward into the back of A CUT ABOVE after the gap had closed.
Mr M Coleman the rider of A CUT ABOVE told the committee that when the interference occurred he was clear of DELAMAN that Mr Nolen continued to move forward. Mr Coleman added that the horse in from of him, the leader ROCKADUBAI moved out slightly and took his line.
Mr M Williamson provided the committee with his interpretation of the incident. He said that in his view it appears that A CUT ABOVE was sufficiently clear of DELAMAN prior to DELAMAN running up into the hind quarters of A CUT ABOVE, but there was no doubt that DELAMAN was held up and finished fast.
Submissions for Decision:
Mr Jenkins submitted that the relevant rule requires a horse to be two lengths clear when taking another horses ground and it was obvious to him that A CUT ABOVE was not two lengths clear of DELAMAN.
Mr Nolen submitted that the interference cost his mount the winning of the race.
Mr Coleman submitted that the interference to DELAMAN had no bearing on the result.
Mr Williamson submitted that the committee needed to assess whether DELAMAN ever effectively established itself in a position to achieve a run on the outside of A CUT ABOVE.
Reasons for Decision:
In order that this protest succeed the committee needs to be satisfied that either A CUT ABOVE or its rider, Mr Coleman, caused the interference to DELAMAN and that DELAMAN would have finished ahead of A CUT ABOVE had the interference not occurred.
On the basis of the available evidence the committee is satisfied that DELAMAN did run into the hind quarters of A CUT ABOVE and was checked. However, we find that at the critical time A CUT ABOVE moved outwards it was sufficiently clear of DELAMAN.
The committee noted that both horses were running on strongly and that the second placed horse, ROCKADUBAI, moved out slightly under pressure, but this was not a factor in the interference.
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: 2f2bded66cd4c4be4a380d0ffd5a9dff
informantnumber: 32252
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Waipa RC 25 March 2011 - R 6 (instigating a protest)
charge:
facts:
Mr P Jenkins the Trainer of DELAMAN lodged a protest alleging that A CUT ABOVE or its rider placed first by the Judge interfered with the chances of DELAMAN placed third by the Judge.
Rule 624 (1) provides that:
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.
The provisional Judges placings were:
No 3 A CUT ABOVE 1ST
No 8 ROCKADUBAI 2ND
No 2 DELAMAN 3RD
No 13 COLHEITA 4TH
No 5 MARABEEL 5TH
The official margins were a Lg hd, ½ hd, 1L.
The Informant Mr Jenkins demonstrated via head and side-on video film that A CUT ABOVE changed ground in the final straight when insufficiently clear of DELAMAN. He told the committee that this resulted in the rider of DELAMAN having to check his mount, costing him an opportunity to win the race. Mr Jenkins said that in his view A CUT ABOVE was not two lengths clear of DELAMAN.
Mr D Nolen the rider of DELAMAN told the committee that he was following A CUT ABOVE and as a result of that horses outward movement he had to pull back on his mount and change ground, which he said clearly cost him the winning of the race. He said that his horse was full of running at the time and shortly after passing the winning post he was two lengths in front of the field.
Mr B Baker demonstrated via head and side on video film that A CUT ABOVE did move out, but he believed that the film showed that A CUT ABOVE was clear of DELAMAN at the time. He said that Mr Nolen continued to ride DELAMAN forward into the back of A CUT ABOVE after the gap had closed.
Mr M Coleman the rider of A CUT ABOVE told the committee that when the interference occurred he was clear of DELAMAN that Mr Nolen continued to move forward. Mr Coleman added that the horse in from of him, the leader ROCKADUBAI moved out slightly and took his line.
Mr M Williamson provided the committee with his interpretation of the incident. He said that in his view it appears that A CUT ABOVE was sufficiently clear of DELAMAN prior to DELAMAN running up into the hind quarters of A CUT ABOVE, but there was no doubt that DELAMAN was held up and finished fast.
appealdecision:
isappeal:
submissionsfordecision:
Mr Jenkins submitted that the relevant rule requires a horse to be two lengths clear when taking another horses ground and it was obvious to him that A CUT ABOVE was not two lengths clear of DELAMAN.
Mr Nolen submitted that the interference cost his mount the winning of the race.
Mr Coleman submitted that the interference to DELAMAN had no bearing on the result.
Mr Williamson submitted that the committee needed to assess whether DELAMAN ever effectively established itself in a position to achieve a run on the outside of A CUT ABOVE.
reasonsfordecision:
In order that this protest succeed the committee needs to be satisfied that either A CUT ABOVE or its rider, Mr Coleman, caused the interference to DELAMAN and that DELAMAN would have finished ahead of A CUT ABOVE had the interference not occurred.
On the basis of the available evidence the committee is satisfied that DELAMAN did run into the hind quarters of A CUT ABOVE and was checked. However, we find that at the critical time A CUT ABOVE moved outwards it was sufficiently clear of DELAMAN.
The committee noted that both horses were running on strongly and that the second placed horse, ROCKADUBAI, moved out slightly under pressure, but this was not a factor in the interference.
Decision:
For the reasons outlined above the committee is not sufficiently satisfied that either A CUT ABOVE or its rider Mr Coleman, were the primary cause of the interference to DELAMAN. Further the committee is not of the opinion that DELAMAN would have necessarily finished ahead of A CUT ABOVE had the interference not occurred. On that basis the protest is dismissed and the payment of dividends is authorised as per the Judges placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 642 (1)
Informant: Mr P Jenkins - Trainer of DELAMAN
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Williamson - Stipendiary Steward
Respondent: Mr B Baker - Trainer of A CUT ABOVE, Mr M Coleman - RIder of A CUT ABOVE, Mr D Nolen - Rider of DELAMAN
StipendSteward:
raceid: e306bb74a5c6ee823343f22a4ee3c6dc
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: a548f1d4f675c5deb9f2726195891649
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/03/2011
meet_title: Waipa RC - 25 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "282", "Total": "174.84", "kmprice": 174.84, "Approved": "on"}]
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: RSeabrook
meet_pm2: none
name: Waipa RC