Hawkes Bay RI 28 February 2015 – R 3 (instigating a protest)
ID: JCA12887
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 28 February 2015
Meet Chair:
NMoffatt
Meet Committee Member 1:
TCastles
Race Date:
2015/02/28
Race Number:
R 3
Decision:
Accordingly the protest was upheld and amended placings now read:
1st IRION (2)
2ND START WONDERING (3)
3rd QUINTASTICS (6)
4th BERG EN DAL (7)
5th GIARDINI (4)
Dividends were directed to be paid accordingly.
Facts:
Following Race 3, the Stella Artois Mile, a protest was lodged pursuant to Rule 642(1) by Mr M McNab alleging that horse number 4 (GIARDINI) or its rider placed 4th by the Judge interfered with the chances of horse number 7 (BERG EN DAL) placed 5th by the Judge.
The information alleged interference in the home straight.
Judges' placings were:
1st IRION (2)
2ND START WONDERING (3)
3rd QUINTASTICS (6)
4th GIARDINI (4)
5th BERG EN DAL (7)
The official margin between fourth and fifth was a short neck.
Submissions for Decision:
Mr McNab used the head-on film to show where he was making a run between GIARDINI and the running rail. He was well up into the gap when GIARDINI rolled inwards leaving him no option but to ease back, change ground and mount a run to the outside. Mr McNab said this happened between the 150 – 200 metres. Rear-view and side on films were shown and Mr McNab said the interference cost him at least half a length and the margin between the horses at the finish was a short neck.
Mr Thomas said prior to GIARDINI rolling in there was enough room for BERG EN DAL to come through on the fence but as a result of Ms Myers moving inwards Mr McNab was forced to take a hold of his mount and change his line of running to the outside of GIARDINI. Mr Thomas also alleged that once on the outside of GIARDINI that horse commenced to roll outwards further hampering BERG EN DAL.
Ms Myers asked for the films to be replayed back to the 800m. She believed that BERG EN DAL was flat from the 600m and was not going well enough to get through the gap on the fence. She said she only moved half a horse width and did not believe she caused interference.
Ms O’Hearn concurred with her rider Ms Myers but did concede GIARDINI had moved inwards.
For the Stewards Mr Goodwin said that Mr McNab was established to the inside of Ms Myers and had his line of running impeded when GIARDINI moved inwards. He said he was then dictated outwards but made up ground over the concluding stages of the race. The Stewards' position was in support of the protest.
Reasons for Decision:
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.
In coming to a decision the Committee carefully considered all of the evidence presented. The first part of rule 642(1) requires us to determine if any interference occurred. The side-on film confirmed Mr McNab’s evidence that he was well established in the gap between GIARDINI and the fence. The head-on film showed the gap was sufficiently wide for BERG EN DAL to move into but closed up when GIARDINI rolled in. Mr McNab had no option but to check his mount back and angle to the outside of GIARDINI. This manoeuvre resulted in a loss of ground and momentum. BERG EN DAL was further hampered when GIARDINI rolled outwards and dictated its line of running for a second time.
The committee had to be satisfied that, free of interference, BERG EN DAL would have beaten GIARDINI. Once Mr McNab regained his momentum and mounted his run to the outside of GIARDINI the films showed him taking ground off that horse. Taking into account the short neck margin at the finish and the manner in which BERG EN DAL was finishing off the race it was our opinion that, with an unimpeded run, he would have beaten GIARDINI.
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: 650a65edb55533a567c926b10b5e017f
informantnumber: A2702
horsename: GIARDINI
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/03/2015
hearing_title: Hawkes Bay RI 28 February 2015 - R 3 (instigating a protest)
charge:
facts:
Following Race 3, the Stella Artois Mile, a protest was lodged pursuant to Rule 642(1) by Mr M McNab alleging that horse number 4 (GIARDINI) or its rider placed 4th by the Judge interfered with the chances of horse number 7 (BERG EN DAL) placed 5th by the Judge.
The information alleged interference in the home straight.
Judges' placings were:
1st IRION (2)
2ND START WONDERING (3)
3rd QUINTASTICS (6)
4th GIARDINI (4)
5th BERG EN DAL (7)
The official margin between fourth and fifth was a short neck.
appealdecision:
isappeal:
submissionsfordecision:
Mr McNab used the head-on film to show where he was making a run between GIARDINI and the running rail. He was well up into the gap when GIARDINI rolled inwards leaving him no option but to ease back, change ground and mount a run to the outside. Mr McNab said this happened between the 150 – 200 metres. Rear-view and side on films were shown and Mr McNab said the interference cost him at least half a length and the margin between the horses at the finish was a short neck.
Mr Thomas said prior to GIARDINI rolling in there was enough room for BERG EN DAL to come through on the fence but as a result of Ms Myers moving inwards Mr McNab was forced to take a hold of his mount and change his line of running to the outside of GIARDINI. Mr Thomas also alleged that once on the outside of GIARDINI that horse commenced to roll outwards further hampering BERG EN DAL.
Ms Myers asked for the films to be replayed back to the 800m. She believed that BERG EN DAL was flat from the 600m and was not going well enough to get through the gap on the fence. She said she only moved half a horse width and did not believe she caused interference.
Ms O’Hearn concurred with her rider Ms Myers but did concede GIARDINI had moved inwards.
For the Stewards Mr Goodwin said that Mr McNab was established to the inside of Ms Myers and had his line of running impeded when GIARDINI moved inwards. He said he was then dictated outwards but made up ground over the concluding stages of the race. The Stewards' position was in support of the protest.
reasonsfordecision:
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.
In coming to a decision the Committee carefully considered all of the evidence presented. The first part of rule 642(1) requires us to determine if any interference occurred. The side-on film confirmed Mr McNab’s evidence that he was well established in the gap between GIARDINI and the fence. The head-on film showed the gap was sufficiently wide for BERG EN DAL to move into but closed up when GIARDINI rolled in. Mr McNab had no option but to check his mount back and angle to the outside of GIARDINI. This manoeuvre resulted in a loss of ground and momentum. BERG EN DAL was further hampered when GIARDINI rolled outwards and dictated its line of running for a second time.
The committee had to be satisfied that, free of interference, BERG EN DAL would have beaten GIARDINI. Once Mr McNab regained his momentum and mounted his run to the outside of GIARDINI the films showed him taking ground off that horse. Taking into account the short neck margin at the finish and the manner in which BERG EN DAL was finishing off the race it was our opinion that, with an unimpeded run, he would have beaten GIARDINI.
Decision:
Accordingly the protest was upheld and amended placings now read:
1st IRION (2)
2ND START WONDERING (3)
3rd QUINTASTICS (6)
4th BERG EN DAL (7)
5th GIARDINI (4)
Dividends were directed to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr M McNab - Rider of BERG EN DAL
JockeysandTrainer:
Otherperson:
PersonPresent: Mr G Thomas - representing Mr Mirabelli (Trainer of BERG EN DAL), Ms K Myers - Rider of GIARDINI, Ms D O'Hearn - representing O'Sullivan/Scott stable (Trainers of GIARDINI, Mr N Goodwin - Stipendiary Steward
Respondent: O'Sullivan/Scott - Trainers of GIARDINI
StipendSteward:
raceid: f8912ab14005e471828bd97889097218
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1cf3dd90cbeb6b99463650886fa5df2a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2015
meet_title: Hawkes Bay RI - 28 February 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TCastles
meet_pm2: none
name: Hawkes Bay RI