Auckland RC 25 January 2015 – R 4 (instigating a protest)
ID: JCA12473
Code:
Thoroughbred
Meet Title:
Auckland RC - 25 January 2015
Meet Chair:
GJones
Meet Committee Member 1:
RSeabrook
Race Date:
2015/01/25
Race Number:
R4
Decision:
Accordingly the protest is upheld and the amended placings are:
1st No. 10 ARPEGGIO
2nd No.1 MABEEL
3rd No. 5 THE COSMOS
We order the payment of dividends and stakes in accordance with the amended placings.
Facts:
Following the running of Race No 4, the Curraghmore Stud 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Senior Rider Mr Bowman, alleged “that horse number 5 (THE COSMOS), placed 2nd = by the judge interfered with the chances of horse number 1 (MABEEL), placed 2nd = by the judge over the concluding stages”.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No. 10 ARPEGGIO
2nd =No.1 MABEEL
2nd =No. 5 THE COSMOS
The official margin between 1st and 2nd= was a neck (note a DH for 2nd place)
Rule 642(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”.
Persons present at the hearing included:
Mr H Bowman - Rider of No 1 MABEEL
Mr T Busuttin – Trainer of MABEEL
Mr V Colgan - Rider THE COSMOS
Mr J Bridge - Trainer of THE COSMOS
Mr J Oatham – Stipendiary Stewards
Mr R Neal – Co-Chief Stipendiary Steward
Submissions for Decision:
Mr Bowman opened his case by submitting that in any finish where horses dead-heat any type of interference is going to be significant. He said in the final straight his mount (MABEEL) was entitled to maintain his line of running and that from the 50 metre mark onwards his progress was hampered by THE COSMOS. Mr Bowman demonstrated this by way of head-on video footage. He said at approximately the 30 metre mark he was first bumped by THE COSMOS and then closer to the finish he received a second and more significant bump. Mr Bowman added that initially in the run home he was racing 1 ½ horse-widths off the rail and as a result of being pushed wider by THE COSMOS he ended up 3-wide. Mr Bowman said that he should have finished second outright.
Mr T Busuttin, the trainer of MABEEL submitted it was clear that THE COSMOS bumped his horse twice and with the margin being a dead-heat this cost his horse second placing. Mr Busuttin said he concurred with Mr Bowman’s submissions.
Mr Colgan conceded his mount did shift out a fraction and ended up in a 3-wide position, but he believed it made no difference to the result.
Mr J Bridge the Trainer of THE COSMOS submitted the video footage indicated a shadow on the track behind the two horses concerned and this accentuated the contact between the horses. He said MABEEL never altered its stride and Mr Bowman did not stop riding his mount out to the finish.
Mr Oatham provided his interpretation of the incident. He submitted that at the 100 metre mark MABEEL was racing behind THE COSMOS and then made ground on THE COSMOS in the run to the finish. He said there was two points of contact between the two horses; the first being of no real consequence, but the second was about 4 strides before the finish and it was clear that MABEEL was inconvenienced. He concluded that the Stewards believe the protest has merit.
In summing up Mr Bowman submitted the dead-heat margin was a factor for the Committee to consider.
Mr Colgan did not offer any further information in summing up.
Reasons for Decision:
The Committee carefully reviewed the available video footage of the concluding stages of the race and gave due consideration of submissions lodged by all parties. In our assessment THE COSMOS did shift outward over the concluding stages and made contact with and hampered MABEEL on two separate occasions. The first point of contact was minimal, but the second, which was very close to the finish, was more significant as MABEELS rightful running line was clearly taken. The Committee noted that neither jockey was required to stop riding their mounts out to the finish.
Having taken all matters into account we find that THE COSMOS did interfere with the chances of MABEEL and it is the firm opinion of the Committee that MABEEL would have finished ahead of THE COSMOS had such interference not occurred. The dead-heat margin was a key determinant in reaching our decision.
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: 6092ede2de984abc0d42c42160f87bde
informantnumber: A3342
horsename: MABEEL and THE COSMOS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/01/2015
hearing_title: Auckland RC 25 January 2015 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race No 4, the Curraghmore Stud 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Senior Rider Mr Bowman, alleged “that horse number 5 (THE COSMOS), placed 2nd = by the judge interfered with the chances of horse number 1 (MABEEL), placed 2nd = by the judge over the concluding stages”.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No. 10 ARPEGGIO
2nd =No.1 MABEEL
2nd =No. 5 THE COSMOS
The official margin between 1st and 2nd= was a neck (note a DH for 2nd place)
Rule 642(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”.
Persons present at the hearing included:
Mr H Bowman - Rider of No 1 MABEEL
Mr T Busuttin – Trainer of MABEEL
Mr V Colgan - Rider THE COSMOS
Mr J Bridge - Trainer of THE COSMOS
Mr J Oatham – Stipendiary Stewards
Mr R Neal – Co-Chief Stipendiary Steward
appealdecision:
isappeal:
submissionsfordecision:
Mr Bowman opened his case by submitting that in any finish where horses dead-heat any type of interference is going to be significant. He said in the final straight his mount (MABEEL) was entitled to maintain his line of running and that from the 50 metre mark onwards his progress was hampered by THE COSMOS. Mr Bowman demonstrated this by way of head-on video footage. He said at approximately the 30 metre mark he was first bumped by THE COSMOS and then closer to the finish he received a second and more significant bump. Mr Bowman added that initially in the run home he was racing 1 ½ horse-widths off the rail and as a result of being pushed wider by THE COSMOS he ended up 3-wide. Mr Bowman said that he should have finished second outright.
Mr T Busuttin, the trainer of MABEEL submitted it was clear that THE COSMOS bumped his horse twice and with the margin being a dead-heat this cost his horse second placing. Mr Busuttin said he concurred with Mr Bowman’s submissions.
Mr Colgan conceded his mount did shift out a fraction and ended up in a 3-wide position, but he believed it made no difference to the result.
Mr J Bridge the Trainer of THE COSMOS submitted the video footage indicated a shadow on the track behind the two horses concerned and this accentuated the contact between the horses. He said MABEEL never altered its stride and Mr Bowman did not stop riding his mount out to the finish.
Mr Oatham provided his interpretation of the incident. He submitted that at the 100 metre mark MABEEL was racing behind THE COSMOS and then made ground on THE COSMOS in the run to the finish. He said there was two points of contact between the two horses; the first being of no real consequence, but the second was about 4 strides before the finish and it was clear that MABEEL was inconvenienced. He concluded that the Stewards believe the protest has merit.
In summing up Mr Bowman submitted the dead-heat margin was a factor for the Committee to consider.
Mr Colgan did not offer any further information in summing up.
reasonsfordecision:
The Committee carefully reviewed the available video footage of the concluding stages of the race and gave due consideration of submissions lodged by all parties. In our assessment THE COSMOS did shift outward over the concluding stages and made contact with and hampered MABEEL on two separate occasions. The first point of contact was minimal, but the second, which was very close to the finish, was more significant as MABEELS rightful running line was clearly taken. The Committee noted that neither jockey was required to stop riding their mounts out to the finish.
Having taken all matters into account we find that THE COSMOS did interfere with the chances of MABEEL and it is the firm opinion of the Committee that MABEEL would have finished ahead of THE COSMOS had such interference not occurred. The dead-heat margin was a key determinant in reaching our decision.
Decision:
Accordingly the protest is upheld and the amended placings are:
1st No. 10 ARPEGGIO
2nd No.1 MABEEL
3rd No. 5 THE COSMOS
We order the payment of dividends and stakes in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr H Bowman (Rider of No 1 MABEEL)
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Oatham – Stipendiary Stewards, Mr R Neal – Co-Chief Stipendiary Steward
Respondent: Mr V Colgan - rider of THE COSMOS
StipendSteward:
raceid: 46cc6b87f27c88df10d581cc297b7fbf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9dedb43eccc21ed988276a112e658063
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2015
meet_title: Auckland RC - 25 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: RSeabrook
meet_pm2: none
name: Auckland RC