Whangarei RC 17 December 2019 – R 1 (instigating a protest) – Chair, Mr G Jones
ID: JCA12213
Code:
Thoroughbred
Meet Title:
Whangarei RC - 17 December 2019
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2019/12/17
Race Number:
R1
Decision:
Accordingly, the protest is dismissed and the Judge's placings stand.
The Committee authorised the payment of dividends and stake money in accordance with our decision.
Facts:
Following the running of Race No 1, the Lindauer 1000 metres, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant Ms Fawcett, alleged that horse number 6 (AWARENESS) placed 1st by the Judge interfered with the chances of horse number 5 (REGAL DUCHESS) placed 2nd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's provisional placings were as follows:
1st No. 6 AWARENESS
2nd No.5 REGAL DUCHESS
3rd No. O’JESSICA
The official margin between 1st and 2nd was a neck
Rule 642(1) provides:
“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”.
For the purposes of Rule 642 “interference” is defined as:
(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;
(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or
(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.
At the commencement of the hearing the essence of the ‘Protest Rule’ - Rule 642(1) was explained to all parties as well as the necessary standard of proof.
The trainer of AWARENESS was not on course and the stable was represented at the hearing by local trainer Mrs M Bradley. She also supported apprentice rider Ms Burdan at the hearing. Mr Rae queried whether the rules permitted a trainer substituting for another at a hearing. When asked if he was opposed to this, he said he had no objections.
Submissions for Decision:
Mr Coles demonstrated the alleged incident using side and head-on race-films. No rear-on films were available.
Ms Fawcett submitted that her mount, REGAL DUCHESS was racing on the inside of AWARENESS inside the last 100 metres. She said that AWARENESS shifted in and bumped her mount 6 strides from the finish. She added that at the time of receiving the bump REGAL DUCHESS was a head in front of AWARENESS.
Mr Rae submitted that REGAL DUCHESS received a good bump 50 metres from the finish and Ms Fawcett was put off balance.
Ms Burdan submitted that her mount, AWARENESS was green, having its first start and changed legs in the straight. She said the bump that occurred was minimal and her mount had the other horse well covered.
Mrs Bradley submitted that both horses did touch slightly and Ms Burdan immediately corrected her mount. She added that AWARENESS found the line more strongly of the two runners.
Stipendiary Steward Mr Coles submitted that the official margin was a neck between first and second placing. He said that slight contact occurred 7-strides prior to the winning post and at the point of contact both horses were racing on equal terms. Over the concluding stages, Mr Coles said that AWARENESS slightly increased the margin over REGAL DUCHESS. He added that the Committee would need to determine whether the contact between the horses cost REGAL DUCHESS the winning of the race.
Reasons for Decision:
The Committee carefully considered all of submissions and reviewed the available video footage several times in both real-time, slow motion and frame by frame.
The protest rule requires the Committee to establish two limbs. First, we must establish that interference occurred; and second, if interference is established, the horse interfered with would have beaten the other runner, had such interference not occurred.
In our review of the evidence the Committee established that in the concluding stages of the race, near the 50-metre mark, AWARENESS did shift inward and make contact with REGAL DUCHESS. As a result, REGAL DUCHESS did receive a small bump and was slightly inconvenienced. On that basis the Committee was satisfied that interference did occur.
Following the interference, we observed that from the point of interference to the finish line, over the concluding stages both horses had a clear and unobstructed run to the finish line. Furthermore, after contact AWARENESS maintained slight ascendency over REGAL DUCHESS. It was also significant that Ms Fawcett stood up close to the line, appeared to relax her ride when racing free of interference.
In conclusion having considered the degree of the interference, the manner in which both horses finished the race off and the margin at the finish the Committee is of the opinion that despite the interference REGAL DUCHESS would not have beaten AWARENESS. On that basis we dismiss the protest.
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: 4083879e442d4101329f755ab97a7667
informantnumber: A11285
horsename: AWARENESS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2019
hearing_title: Whangarei RC 17 December 2019 - R 1 (instigating a protest) – Chair, Mr G Jones
charge:
facts:
Following the running of Race No 1, the Lindauer 1000 metres, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant Ms Fawcett, alleged that horse number 6 (AWARENESS) placed 1st by the Judge interfered with the chances of horse number 5 (REGAL DUCHESS) placed 2nd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's provisional placings were as follows:
1st No. 6 AWARENESS
2nd No.5 REGAL DUCHESS
3rd No. O’JESSICA
The official margin between 1st and 2nd was a neck
Rule 642(1) provides:
“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”.
For the purposes of Rule 642 “interference” is defined as:
(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;
(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or
(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.
At the commencement of the hearing the essence of the ‘Protest Rule’ - Rule 642(1) was explained to all parties as well as the necessary standard of proof.
The trainer of AWARENESS was not on course and the stable was represented at the hearing by local trainer Mrs M Bradley. She also supported apprentice rider Ms Burdan at the hearing. Mr Rae queried whether the rules permitted a trainer substituting for another at a hearing. When asked if he was opposed to this, he said he had no objections.
appealdecision:
isappeal:
submissionsfordecision:
Mr Coles demonstrated the alleged incident using side and head-on race-films. No rear-on films were available.
Ms Fawcett submitted that her mount, REGAL DUCHESS was racing on the inside of AWARENESS inside the last 100 metres. She said that AWARENESS shifted in and bumped her mount 6 strides from the finish. She added that at the time of receiving the bump REGAL DUCHESS was a head in front of AWARENESS.
Mr Rae submitted that REGAL DUCHESS received a good bump 50 metres from the finish and Ms Fawcett was put off balance.
Ms Burdan submitted that her mount, AWARENESS was green, having its first start and changed legs in the straight. She said the bump that occurred was minimal and her mount had the other horse well covered.
Mrs Bradley submitted that both horses did touch slightly and Ms Burdan immediately corrected her mount. She added that AWARENESS found the line more strongly of the two runners.
Stipendiary Steward Mr Coles submitted that the official margin was a neck between first and second placing. He said that slight contact occurred 7-strides prior to the winning post and at the point of contact both horses were racing on equal terms. Over the concluding stages, Mr Coles said that AWARENESS slightly increased the margin over REGAL DUCHESS. He added that the Committee would need to determine whether the contact between the horses cost REGAL DUCHESS the winning of the race.
reasonsfordecision:
The Committee carefully considered all of submissions and reviewed the available video footage several times in both real-time, slow motion and frame by frame.
The protest rule requires the Committee to establish two limbs. First, we must establish that interference occurred; and second, if interference is established, the horse interfered with would have beaten the other runner, had such interference not occurred.
In our review of the evidence the Committee established that in the concluding stages of the race, near the 50-metre mark, AWARENESS did shift inward and make contact with REGAL DUCHESS. As a result, REGAL DUCHESS did receive a small bump and was slightly inconvenienced. On that basis the Committee was satisfied that interference did occur.
Following the interference, we observed that from the point of interference to the finish line, over the concluding stages both horses had a clear and unobstructed run to the finish line. Furthermore, after contact AWARENESS maintained slight ascendency over REGAL DUCHESS. It was also significant that Ms Fawcett stood up close to the line, appeared to relax her ride when racing free of interference.
In conclusion having considered the degree of the interference, the manner in which both horses finished the race off and the margin at the finish the Committee is of the opinion that despite the interference REGAL DUCHESS would not have beaten AWARENESS. On that basis we dismiss the protest.
Decision:
Accordingly, the protest is dismissed and the Judge's placings stand.
The Committee authorised the payment of dividends and stake money in accordance with our decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 642(1)
Informant: Ms J Fawcett (Rider of REGAL DUCHESS)
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K Rae (trainer of REGAL DUCHESS), Ms J Fawcett (apprentice rider of REGAL DUCHESS), Mrs M Bradley (representing connections of AWARENESS) and Ms C Burdan (apprentice rider of AWARENESS), Mr A Coles - Stipendiary Steward
Respondent: Mr J Richards - Trainer of AWARENESS
StipendSteward:
raceid: 2867bd69e9af65649bed04c2fdc49eca
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: 87d77317a7e2308d6ef0d1e81d53db77
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/12/2019
meet_title: Whangarei RC - 17 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Whangarei RC