Archive Decision

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R Te Aroha 17 October 2018 – R 9 – (instigating a protest) – Chair, Mr A Dooley

ID: JCA13236

Applicant:
Ms J Fawcett - Apprentice Rider of INCA WARRIOR

Respondent(s):
Mr J Richards - Trainer of DON'TBLAMETHEMUSIC

Information Number:
12107

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 17 October 2018

Meet Chair:
ADooley

Race Date:
2018/10/17

Race Number:
Race 9

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 9, Donaghys Pure Flush 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Ms J Fawcett, rider of INCA WARRIOR, alleged that DON’TBLAMETHEMUSIC or its rider placed 2nd by the Judge interfered with the chances of INCA WARRIOR placed 3rd by the Judge.

The interference was alleged to have occurred near the 100 metres.

The Judge's placing were as follows:

1st No. 10 SUPERA
2nd No. 1 DON’TBLAMETHEMUSIC
3rd No. 3 INCA WARRIOR

The official margin between 2nd and 3rd was one and a half lengths.

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”.

All connections present acknowledged they understood the Rule.

Submissions for Decision:

Ms Fawcett stated that near the 100 metres INCA WARRIOR was travelling beautifully and her mount was fighting aggressively when it received interference from DON’TBLAMETHEMUSIC. She believed that had the interference not occurred INCA WARRIOR would have finished a short head away from the winner SUPERA.

Mr Cave, representing the connections of INCA WARRIOR, submitted that he agreed with Ms Fawcett.

Mr Richards said he did not think there was a lot to argue against given the head on video film showed that DON’TBLAMETHEMUSIC laid out and checked INCA WARRIOR near the 100 metres.

In response to a question from the Committee, Mr Richards said he believed that INCA WARRIOR would have beaten DON’TBLAMETHEMUSIC had the interference not occurred.

Mr Bakar said that he tried to keep his mount in a straight line.

Mr Coles on behalf of the Stewards said that there was no doubt that interference occurred near the 100 metres. However, he said the Committee had to decide whether the interference cost INCA WARRIOR one and a half lengths which was the margin between the two horses at the finish.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times.

The Committee found that passing the 100 metres Mr Bakar allowed DON’TBLAMETHEMUSIC to shift outwards when only a bare length clear of INCA WARRIOR. As a result that runner was crowded and checked for two strides. Ms Fawcett immediately switched INCA WARRIOR back to the inside of DON’TBLAMETHEMUSIC with minimal momentum lost. It was evident over the final 75 metres that INCA WARRIOR had an uninterrupted run and it failed to make up any ground on DON’TBLAMETHEMUSIC. Conversely it was significant that over the concluding stages DON’TBLAMETHEMUSIC increased its margin over INCA WARRIOR.

Having considered the degree of interference, which the Committee has assessed as minimal, the manner in which both horses finished the race off, coupled with the margin of one and a half lengths between the two horses at the finish the Committee is firmly of the opinion that despite the interference INCA WARRIOR would not have beaten DON’TBLAMETHEMUSIC.

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: 563b85e6713833f26ab0d51479eb9082


informantnumber: 12107


horsename: DON'TBLAMETHEMUSIC


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/10/2018


hearing_title: R Te Aroha 17 October 2018 - R 9 - (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 9, Donaghys Pure Flush 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Ms J Fawcett, rider of INCA WARRIOR, alleged that DON’TBLAMETHEMUSIC or its rider placed 2nd by the Judge interfered with the chances of INCA WARRIOR placed 3rd by the Judge.

The interference was alleged to have occurred near the 100 metres.

The Judge's placing were as follows:

1st No. 10 SUPERA
2nd No. 1 DON’TBLAMETHEMUSIC
3rd No. 3 INCA WARRIOR

The official margin between 2nd and 3rd was one and a half lengths.

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”.

All connections present acknowledged they understood the Rule.


appealdecision:


isappeal:


submissionsfordecision:

Ms Fawcett stated that near the 100 metres INCA WARRIOR was travelling beautifully and her mount was fighting aggressively when it received interference from DON’TBLAMETHEMUSIC. She believed that had the interference not occurred INCA WARRIOR would have finished a short head away from the winner SUPERA.

Mr Cave, representing the connections of INCA WARRIOR, submitted that he agreed with Ms Fawcett.

Mr Richards said he did not think there was a lot to argue against given the head on video film showed that DON’TBLAMETHEMUSIC laid out and checked INCA WARRIOR near the 100 metres.

In response to a question from the Committee, Mr Richards said he believed that INCA WARRIOR would have beaten DON’TBLAMETHEMUSIC had the interference not occurred.

Mr Bakar said that he tried to keep his mount in a straight line.

Mr Coles on behalf of the Stewards said that there was no doubt that interference occurred near the 100 metres. However, he said the Committee had to decide whether the interference cost INCA WARRIOR one and a half lengths which was the margin between the two horses at the finish.


reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times.

The Committee found that passing the 100 metres Mr Bakar allowed DON’TBLAMETHEMUSIC to shift outwards when only a bare length clear of INCA WARRIOR. As a result that runner was crowded and checked for two strides. Ms Fawcett immediately switched INCA WARRIOR back to the inside of DON’TBLAMETHEMUSIC with minimal momentum lost. It was evident over the final 75 metres that INCA WARRIOR had an uninterrupted run and it failed to make up any ground on DON’TBLAMETHEMUSIC. Conversely it was significant that over the concluding stages DON’TBLAMETHEMUSIC increased its margin over INCA WARRIOR.

Having considered the degree of interference, which the Committee has assessed as minimal, the manner in which both horses finished the race off, coupled with the margin of one and a half lengths between the two horses at the finish the Committee is firmly of the opinion that despite the interference INCA WARRIOR would not have beaten DON’TBLAMETHEMUSIC.


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: Ms J Fawcett - Apprentice Rider of INCA WARRIOR


JockeysandTrainer:


Otherperson:


PersonPresent: Mr A Coles - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward, Mr N Bakar - Apprentice Rider of DON'TBLAMETHEMUSIC, Mr N Harris - Apprentice Jockey Mentor, Mr D Cave - representing the connections of INCA WARRIOR


Respondent: Mr J Richards - Trainer of DON'TBLAMETHEMUSIC


StipendSteward:


raceid: 047645d4b9593fae09ba94643f4776fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 73bc0b4fa3da998409a7f09dadea4d26


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/10/2018


meet_title: Racing Te Aroha - 17 October 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Racing Te Aroha