Archive Decision

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R Rotorua 28 December 2020 – R 7 (instigating a protest) – Chair, Mr BJ Scott

ID: JCA12434

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr S McKee - Trainer of VISTOCK

Information Number:
A13831

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 28 December 2020

Meet Chair:
BScott

Race Date:
2020/12/28

Race Number:
R7

Decision:

The protest is upheld and VISTOCK is relegated to second place and THE GREEN GREMLIN is promoted to first.

The amended placings are: 

First - (2) THE GREEN GREMLIN

Second - (7) VISTOCK

Third - (9) MISSOURI

Fourth - (10) TOPKAPI

Fifth - (1) THE GARRISON

It is ordered that dividends and stakes are paid in accordance with the amended placings.

Facts:

Following the running of the FASTTRACK INSURANCE 1560 an Information Instigating a protest was lodged by Stipendiary Steward, Mr A Coles against the first placed horse VISTOCK on the grounds of interference to the second placed horse, THE GREEN GREMLIN. The protest was pursuant to Rule 642(1) and was based on interference in the final straight.

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:

(1)  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.

(2) a horse jostling with another horse, unless it is proved that such jostling was caused by some other horse or Rider or that the horse or Rider jostled with was partially at fault; or

(3) 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 partially at fault.

Mr McKee and Ms Spratt the Trainer and Rider respectively of VISTOCK were present representing the Connections and contesting the protest.

Ms Logan and Mr Weatherley  the Trainer and Rider respectively of THE GREEN GREMLIN were present representing the Connections and in support of the protest.

Submissions for Decision:

Senior Stipendiary Steward, Mr M Williamson demonstrated the incident using the available race films. He told the Committee that the margin between first and second was half a head. He identified the horses involved and showed where turning for home THE GREEN GREMLIN was a loose one-off the fence and VISTOCK came from behind it on the inside. He showed where near the 200 metres mark VISTOCK began to shift out and it did so for virtually the length of the straight. He said that VISTOCK shifted out 5 to 7 horse widths and in doing so pushed THE GREEN GREMLIN wider. He said that at about the 50 metres mark VISTOCK made contact with THE GREEN GREMLIN. He said that it was solid contact and as a result it unbalanced THE GREEN GREMLIN.

He said that after that THE GREEN GREMLIN made good ground again and only went down by a half a head. He said that the interference cost THE GREEN GREMLIN more than half a head.

Mr Weatherley said that he was left in front a long way out . He said that his horse was waiting for the others and as soon as Ms Spratt came alongside him he picked up again and finished strongly. He said that he was being pushed out down the straight by Ms Spratt's horse and he believed that he was pushed out at least 7 horse widths. He said that there was contact from Ms Spratt's horse.

In respect to the interference he said "I honestly believe that it cost my horse the race". 

Ms Logan said she agreed with what Mr Weatherley had said.

Ms Spratt said that there was daylight between the 2 horses all the way down the straight. She did not challenge the fact that her horse had moved at least 7 horse widths but she did say that at the finish her horse was kicking away from the other horse.

Mr McKee said that Ms Spratt had to straighten her horse and that the winning margin flattered THE GREEN GREMLIN.

Mr Coles said that everything had been covered by Mr Williamson but he did say that the THE GREEN GREMLIN had come back after being directed out in the straight by VISTOCK.

Reasons for Decision:

The race films are very clear and they show that from approximately the 200 metres mark VISTOCK begins to move wider in the straight and in doing so pushes THE GREEN GREMLIN off its running line and out wider in the straight. The Committee estimate the movement to be at least 7 possibly 8 horse widths. Ms Spratt took no steps to straighten her horse until just short of the winning post and by then the damage had been well and truly done. The race films also show VISTOCK making contact with THE GREEN GREMLIN and as Mr Williamson said that contact was solid contact and it unbalanced THE GREEN GREMLIN.

Notwithstanding the fact that THE GREEN GREMLIN had been pushed so wide and the contact, it still fought on and only missed by half a head.

It is very easy to say that but for being pushed so wide and the contact  THE GREEN GREMLIN would have beaten VISTOCK and accordingly the provisions of Rule 642 (1) are satisfied.

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: 5b92a6754033353bbd9d6db1aa7efa2d


informantnumber: A13831


horsename: VISTOCK


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 31/12/2020


hearing_title: R Rotorua 28 December 2020 - R 7 (instigating a protest) - Chair, Mr BJ Scott


charge:


facts:

Following the running of the FASTTRACK INSURANCE 1560 an Information Instigating a protest was lodged by Stipendiary Steward, Mr A Coles against the first placed horse VISTOCK on the grounds of interference to the second placed horse, THE GREEN GREMLIN. The protest was pursuant to Rule 642(1) and was based on interference in the final straight.

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:

(1)  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.

(2) a horse jostling with another horse, unless it is proved that such jostling was caused by some other horse or Rider or that the horse or Rider jostled with was partially at fault; or

(3) 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 partially at fault.

Mr McKee and Ms Spratt the Trainer and Rider respectively of VISTOCK were present representing the Connections and contesting the protest.

Ms Logan and Mr Weatherley  the Trainer and Rider respectively of THE GREEN GREMLIN were present representing the Connections and in support of the protest.


appealdecision:


isappeal:


submissionsfordecision:

Senior Stipendiary Steward, Mr M Williamson demonstrated the incident using the available race films. He told the Committee that the margin between first and second was half a head. He identified the horses involved and showed where turning for home THE GREEN GREMLIN was a loose one-off the fence and VISTOCK came from behind it on the inside. He showed where near the 200 metres mark VISTOCK began to shift out and it did so for virtually the length of the straight. He said that VISTOCK shifted out 5 to 7 horse widths and in doing so pushed THE GREEN GREMLIN wider. He said that at about the 50 metres mark VISTOCK made contact with THE GREEN GREMLIN. He said that it was solid contact and as a result it unbalanced THE GREEN GREMLIN.

He said that after that THE GREEN GREMLIN made good ground again and only went down by a half a head. He said that the interference cost THE GREEN GREMLIN more than half a head.

Mr Weatherley said that he was left in front a long way out . He said that his horse was waiting for the others and as soon as Ms Spratt came alongside him he picked up again and finished strongly. He said that he was being pushed out down the straight by Ms Spratt's horse and he believed that he was pushed out at least 7 horse widths. He said that there was contact from Ms Spratt's horse.

In respect to the interference he said "I honestly believe that it cost my horse the race". 

Ms Logan said she agreed with what Mr Weatherley had said.

Ms Spratt said that there was daylight between the 2 horses all the way down the straight. She did not challenge the fact that her horse had moved at least 7 horse widths but she did say that at the finish her horse was kicking away from the other horse.

Mr McKee said that Ms Spratt had to straighten her horse and that the winning margin flattered THE GREEN GREMLIN.

Mr Coles said that everything had been covered by Mr Williamson but he did say that the THE GREEN GREMLIN had come back after being directed out in the straight by VISTOCK.


reasonsfordecision:

The race films are very clear and they show that from approximately the 200 metres mark VISTOCK begins to move wider in the straight and in doing so pushes THE GREEN GREMLIN off its running line and out wider in the straight. The Committee estimate the movement to be at least 7 possibly 8 horse widths. Ms Spratt took no steps to straighten her horse until just short of the winning post and by then the damage had been well and truly done. The race films also show VISTOCK making contact with THE GREEN GREMLIN and as Mr Williamson said that contact was solid contact and it unbalanced THE GREEN GREMLIN.

Notwithstanding the fact that THE GREEN GREMLIN had been pushed so wide and the contact, it still fought on and only missed by half a head.

It is very easy to say that but for being pushed so wide and the contact  THE GREEN GREMLIN would have beaten VISTOCK and accordingly the provisions of Rule 642 (1) are satisfied.


Decision:

The protest is upheld and VISTOCK is relegated to second place and THE GREEN GREMLIN is promoted to first.

The amended placings are: 

First - (2) THE GREEN GREMLIN

Second - (7) VISTOCK

Third - (9) MISSOURI

Fourth - (10) TOPKAPI

Fifth - (1) THE GARRISON

It is ordered that dividends and stakes are paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Ms S Logan - Trainer of THE GREEN GREMLIN, Miss S Spratt - Rider of VISTOCK, Mr S Weatherley - Rider of THE GREEN GREMLIN, Mr M Williamson - Senior Stipendiary Steward


Respondent: Mr S McKee - Trainer of VISTOCK


StipendSteward:


raceid: 8ea59a665e9914f8ebbd28df731a1c9e


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


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meet_expapproval:


meet_noreport: 0


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meetdate: 28/12/2020


meet_title: Racing Rotorua - 28 December 2020


meet_expappcomment:


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tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: BScott


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name: Racing Rotorua