Archive Decision

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Otago RC 26 December 2010 – R1 (instigating a protest)

ID: JCA13546

Applicant:
Mr Williams

Respondent(s):
Mr Parsons

Information Number:
366

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Otago RC - 26 December 2010

Meet Chair:
Ghall

Meet Committee Member 1:
JEagles

Race Date:
2010/12/26

Race Number:
R1

Decision:

The protest is upheld and the judge’s placings are altered. We authorise payment on final placings of:

1st SHUKA
2nd LEZANI
3rd BULWER BAY
4TH ENDLESS GOSSIP

Facts:

Mr Williams, the trainer of the 2nd placed horse SHUKA, alleged that LEZANI or its rider, placed 1st by the Judge caused interference to SHUKA. The interference allegedly occurred over the concluding stages.

Judge’s placings were:
1st LEZANI
2nd SHUKA
3rd BULWER BAY
4TH ENDLESS GOSSIP

The margin between 1st and 2nd was ½ a head.

Submissions for Decision:

Mr Williams, the trainer of SHUKA, demonstrated on two video angles that LEZANI had shifted out over the concluding stages. He pointed out that LEZANI was racing greenly and had moved from 2 off the fence to being at least 8 to 10 horse widths off when it came into contact with SHUKA. He said that earlier in the run home SHUKA had got its head in front of LEZANI. He said that SHUKA had changed stride as a consequence of the contact with LEZANI.

Mr Misbah, rider of SHUKA, said he had got in front of LEZANI, even though that horse had been moving out into his racing line all the way up the straight. He said after the contact he had had to take hold of SHUKA and balance the horse, and in so doing, had lost some momentum.

Mr Johnson, rider of LEZANI, said he did not think there had been contact at the time but accepted now that the two horses had brushed. He believed it was about 10 metres from the winning post.

Mr Parsons, trainer of LEZANI, disputed that SHUKA had changed stride as a result of the contact. And he said he did not believe Mr Misbah had stopped riding his horse.

Mr Davidson, stipendiary steward, was asked to comment on the evidence. He emphasised that there had been contact between LEZANI and SHUKA. He believed that this was some 4 strides before the line. He said Mr Misbah had stopped riding his horse with the whip and had simply pushed the horse to the line. It was up to this Committee to determine if this had cost SHUKA its chance of winning the race.

Reasons for Decision:

The videos clearly demonstrate that LEZANI shifted out under a hard ride all the way down the straight. SHUKA was forced to race wider on the track as a consequence, although both horses, understandably as they are 2 year-olds, were racing greenly. The side on video demonstrates that SHUKA had at least levelled up to LEZANI as they were racing down the straight.

Some 20 metres from the winning post LEZANI shied and made firm contact with SHUKA. The consequence was that SHUKA became unbalanced. Mr Misbah, who had been using the whip, was forced to ride hands and heels from this point. We accept Mr Misbah’s statement that he lost momentum.

In exercising our discretion to relegate LEZANI to behind SHUKA, we note: the firm nature of the contact; that SHUKA became unbalanced; Mr Misbah stopped riding briefly before putting the whip away (as he was forced to do); and thereafter he pushed SHUKA out to the line. While the interference by LEZANI to SHUKA occurred, as we have noted, only some 20 metres from the winning post, the margin at the finish was ½ a head. It is our opinion that had this interference not occurred, SHUKA would have beaten LEZANI.

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: 431b83171e508b9cf94db816a4dd9509


informantnumber: 366


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 31/12/2010


hearing_title: Otago RC 26 December 2010 - R1 (instigating a protest)


charge:


facts:

Mr Williams, the trainer of the 2nd placed horse SHUKA, alleged that LEZANI or its rider, placed 1st by the Judge caused interference to SHUKA. The interference allegedly occurred over the concluding stages.

Judge’s placings were:
1st LEZANI
2nd SHUKA
3rd BULWER BAY
4TH ENDLESS GOSSIP

The margin between 1st and 2nd was ½ a head.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williams, the trainer of SHUKA, demonstrated on two video angles that LEZANI had shifted out over the concluding stages. He pointed out that LEZANI was racing greenly and had moved from 2 off the fence to being at least 8 to 10 horse widths off when it came into contact with SHUKA. He said that earlier in the run home SHUKA had got its head in front of LEZANI. He said that SHUKA had changed stride as a consequence of the contact with LEZANI.

Mr Misbah, rider of SHUKA, said he had got in front of LEZANI, even though that horse had been moving out into his racing line all the way up the straight. He said after the contact he had had to take hold of SHUKA and balance the horse, and in so doing, had lost some momentum.

Mr Johnson, rider of LEZANI, said he did not think there had been contact at the time but accepted now that the two horses had brushed. He believed it was about 10 metres from the winning post.

Mr Parsons, trainer of LEZANI, disputed that SHUKA had changed stride as a result of the contact. And he said he did not believe Mr Misbah had stopped riding his horse.

Mr Davidson, stipendiary steward, was asked to comment on the evidence. He emphasised that there had been contact between LEZANI and SHUKA. He believed that this was some 4 strides before the line. He said Mr Misbah had stopped riding his horse with the whip and had simply pushed the horse to the line. It was up to this Committee to determine if this had cost SHUKA its chance of winning the race.


reasonsfordecision:

The videos clearly demonstrate that LEZANI shifted out under a hard ride all the way down the straight. SHUKA was forced to race wider on the track as a consequence, although both horses, understandably as they are 2 year-olds, were racing greenly. The side on video demonstrates that SHUKA had at least levelled up to LEZANI as they were racing down the straight.

Some 20 metres from the winning post LEZANI shied and made firm contact with SHUKA. The consequence was that SHUKA became unbalanced. Mr Misbah, who had been using the whip, was forced to ride hands and heels from this point. We accept Mr Misbah’s statement that he lost momentum.

In exercising our discretion to relegate LEZANI to behind SHUKA, we note: the firm nature of the contact; that SHUKA became unbalanced; Mr Misbah stopped riding briefly before putting the whip away (as he was forced to do); and thereafter he pushed SHUKA out to the line. While the interference by LEZANI to SHUKA occurred, as we have noted, only some 20 metres from the winning post, the margin at the finish was ½ a head. It is our opinion that had this interference not occurred, SHUKA would have beaten LEZANI.


Decision:

The protest is upheld and the judge’s placings are altered. We authorise payment on final placings of:

1st SHUKA
2nd LEZANI
3rd BULWER BAY
4TH ENDLESS GOSSIP


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr Williams


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr Parsons


StipendSteward:


raceid: d768e7885de0f7570f7daae4edaf9a51


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3faa54ec510d74fb0c063039000dc3ac


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2010


meet_title: Otago RC - 26 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "Ghall", "Member": "", "OtherExpenses": "0", "KMs": "40", "Total": "24.8", "kmprice": 24.800000000000001, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JEagles", "Member": "", "OtherExpenses": "0", "KMs": "270", "Total": "167.4", "kmprice": 167.40000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: Ghall


meet_pm1: JEagles


meet_pm2: none


name: Otago RC