Auckland RC 24 January 2016 – R 3 (instigating a protest) – Chair, Mr A Dooley
ID: JCA12609
Code:
Thoroughbred
Meet Title:
Auckland RC - 24 January 2016
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2016/01/24
Race Number:
R3
Decision:
The protest was dismissed and the Judge's placing’s shall stand.
The Committee authorised the payment of stakes and dividends in accordance with its decision.
Facts:
Following the running of race 3, NZB Insurance Karaka 3Y0 Mile, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Busuttin, alleged that RAGHU and IT’S BEN AGAIN or their riders placed 1st and 2nd by the Judge interfered with the chances of his horse TAVAGO placed 3rd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st - No. 6 RAGHU
2nd - No. 8 IT’S BEN AGAIN
3rd - No. 3 TAVAGO
4th - No. 10 NO MORE TEARS
The official margins were a nose, head and neck.
Rule 642(1) states: “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”.
Submissions for Decision:
Following the running of the race there was a 15 minute delay before the Committee was able to commence the protest hearings. This was due to the complex situation of having 4 separate connections wishing to view the Stewards video footage before any Information’s were presented to us.
The press were denied entry to the hearing because of the number of people involved in the protests meant there was insufficient room. There was no objection to Trackside TV being present.
At the beginning of the hearing the Judicial Committee explained to the connections that all the evidence would be heard together and then the Committee would deliberate on the merits of each protest.
Mr Busuttin submitted that RAGHU moved from a 3 wide position to one of 8 wide in the final straight. He acknowledged that while RAGHU and IT’S BEN AGAIN didn’t touch IT'S BEN AGAIN was moved out onto NO MORE TEARS and TAVAGO which he believed cost his horse 1½ lengths and the winning of the race.
Mr Shinn submitted that at the 200 metres he was riding his mount forward with the whip but then had to put his whip away because of the 3 horses which were racing to his inside had shifted ground outwards. He said the incident was started by RAGHU and believed the interference cost him 1 to 2 lengths.
Mr Pike submitted that at no stage was there any contact between RAGHU and ITS BEN AGAIN and he believed that TAVAGO lost no significant ground when having to shift out 2 horse widths. He added that TAVAGO had its chance to get past RAGHU and stated that the placings were never going to change.
Mr McNab submitted that ITS BEN AGAIN caused the interference and RAGHU “took no part” in the incident. He added that RAGHU was too good at the finish.
Mr Bosson submitted that RAGHU had rolled out in the final straight and his horse was green and went with him. He acknowledged that there was no contact but was of the opinion that RAGHU intimidated his horse and he was unable to use his whip.
Mr Gillovic said that he agreed with Mr Bosson’s submissions and reiterated that his horse was green and was running away from RAGHU. He said that Mr Pike had summed up the incident well and stated that at no stage did Mr Shinn have to stop riding TAVAGO.
Mr Oatham assessment of the alleged incident was that RAGHU did shift ground outwards in the final straight. He said that IT’S BEN AGAIN shifted away from RAGHU through greenness which caused some interference to NO MORE TEARS near the 200 metres. He submitted that the Stewards didn’t see any merit in the protest by TAVAGO against RAGHU but the protest by TAVAGO against IT’S BEN AGAIN did have some merit.
Reasons for Decision:
The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times. We established that RAGHU shifted away from the running rail rounding the final turn and continued to do so in the final straight but noticeably it did not make contact with any other runner. We identified that approaching the 200 metres IT’S BEN AGAIN had a tendency to shift away from RAGHU which resulted in NO MORE TEARS momentarily having to switch off the hind quarters of IT’S BEN AGAIN. This in turn meant TAVAGO had to shift out 2 horse widths to avoid the heels of NO MORE TEARS. We believe that at the point of interference TAVAGO was inconvenienced for 2 strides and in our opinion TAVAGO did not lose any valuable momentum.
We note that Mr Bosson dropped his whip near the 150 metres but he still maintained good control of IT’S BEN AGAIN. While we concede that TAVAGO did finish the race off powerfully the Committee was not satisfied that TAVAGO would have beaten RAGHU or IT’S BEN AGAIN had such interference not occurred.
The Committee was of the opinion that the slight interference that occurred at the 200 metres did not have a bearing on the outcome of the race. Accordingly there were insufficient grounds to justify a change of placings.
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: 3e9f8e30f750f4bf9c19e61866e6018b
informantnumber: A6934
horsename: RAGHU and IT'S BEN AGAIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/01/2016
hearing_title: Auckland RC 24 January 2016 - R 3 (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, NZB Insurance Karaka 3Y0 Mile, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Busuttin, alleged that RAGHU and IT’S BEN AGAIN or their riders placed 1st and 2nd by the Judge interfered with the chances of his horse TAVAGO placed 3rd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st - No. 6 RAGHU
2nd - No. 8 IT’S BEN AGAIN
3rd - No. 3 TAVAGO
4th - No. 10 NO MORE TEARS
The official margins were a nose, head and neck.
Rule 642(1) states: “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”.
appealdecision:
isappeal:
submissionsfordecision:
Following the running of the race there was a 15 minute delay before the Committee was able to commence the protest hearings. This was due to the complex situation of having 4 separate connections wishing to view the Stewards video footage before any Information’s were presented to us.
The press were denied entry to the hearing because of the number of people involved in the protests meant there was insufficient room. There was no objection to Trackside TV being present.
At the beginning of the hearing the Judicial Committee explained to the connections that all the evidence would be heard together and then the Committee would deliberate on the merits of each protest.
Mr Busuttin submitted that RAGHU moved from a 3 wide position to one of 8 wide in the final straight. He acknowledged that while RAGHU and IT’S BEN AGAIN didn’t touch IT'S BEN AGAIN was moved out onto NO MORE TEARS and TAVAGO which he believed cost his horse 1½ lengths and the winning of the race.
Mr Shinn submitted that at the 200 metres he was riding his mount forward with the whip but then had to put his whip away because of the 3 horses which were racing to his inside had shifted ground outwards. He said the incident was started by RAGHU and believed the interference cost him 1 to 2 lengths.
Mr Pike submitted that at no stage was there any contact between RAGHU and ITS BEN AGAIN and he believed that TAVAGO lost no significant ground when having to shift out 2 horse widths. He added that TAVAGO had its chance to get past RAGHU and stated that the placings were never going to change.
Mr McNab submitted that ITS BEN AGAIN caused the interference and RAGHU “took no part” in the incident. He added that RAGHU was too good at the finish.
Mr Bosson submitted that RAGHU had rolled out in the final straight and his horse was green and went with him. He acknowledged that there was no contact but was of the opinion that RAGHU intimidated his horse and he was unable to use his whip.
Mr Gillovic said that he agreed with Mr Bosson’s submissions and reiterated that his horse was green and was running away from RAGHU. He said that Mr Pike had summed up the incident well and stated that at no stage did Mr Shinn have to stop riding TAVAGO.
Mr Oatham assessment of the alleged incident was that RAGHU did shift ground outwards in the final straight. He said that IT’S BEN AGAIN shifted away from RAGHU through greenness which caused some interference to NO MORE TEARS near the 200 metres. He submitted that the Stewards didn’t see any merit in the protest by TAVAGO against RAGHU but the protest by TAVAGO against IT’S BEN AGAIN did have some merit.
reasonsfordecision:
The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times. We established that RAGHU shifted away from the running rail rounding the final turn and continued to do so in the final straight but noticeably it did not make contact with any other runner. We identified that approaching the 200 metres IT’S BEN AGAIN had a tendency to shift away from RAGHU which resulted in NO MORE TEARS momentarily having to switch off the hind quarters of IT’S BEN AGAIN. This in turn meant TAVAGO had to shift out 2 horse widths to avoid the heels of NO MORE TEARS. We believe that at the point of interference TAVAGO was inconvenienced for 2 strides and in our opinion TAVAGO did not lose any valuable momentum.
We note that Mr Bosson dropped his whip near the 150 metres but he still maintained good control of IT’S BEN AGAIN. While we concede that TAVAGO did finish the race off powerfully the Committee was not satisfied that TAVAGO would have beaten RAGHU or IT’S BEN AGAIN had such interference not occurred.
The Committee was of the opinion that the slight interference that occurred at the 200 metres did not have a bearing on the outcome of the race. Accordingly there were insufficient grounds to justify a change of placings.
Decision:
The protest was dismissed and the Judge's placing’s shall stand.
The Committee authorised the payment of stakes and dividends in accordance with its decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr T Busuttin - Co Trainer of TAVAGO
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M McNab - Rider of RAGHU, Mr B Shinn - Rider of TAVAGO, Mr O Bosson - Rider of IT'S BEN AGAIN, Mr A Bosma - Manager of NO MORE TEARS, Mr J Oatham - Senior Stipendiary Steward, Mr R Neal - Co Chief Stipendiary Steward, Mr S Marsh - Trainer of NO MORE TEARS, Mr M Coleman - Rider of NO MORE TEARS
Respondent: Mr B Gillovic - Trainer of IT'S BEN AGAIN, Mr T Pike - Trainer of RAGHU
StipendSteward:
raceid: 4fc3647581e3ad6b2c7eb08bf85177e1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5a3019072683a30d63152d7794e0053
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2016
meet_title: Auckland RC - 24 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Auckland RC