Auckland RC 24 January 2016 – R 3 (instigating a protest) – Chair, Mr A Dooley
ID: JCA13678
Code:
Thoroughbred
Meet Title:
Auckland RC - 24 January 2016
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2016/01/24
Race Number:
Race 3
Decision:
The protest was dismissed and the Judges' placings 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 3YO Mile, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Marsh, alleged that IT’S BEN AGAIN or its rider placed 2nd by the Judge interfered with the chances of his horse NO MORE TEARS placed 4th 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 margin were a nose, head and a 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 Marsh submitted that every horse was entitled to its own running line. He demonstrated on the available video films that NO MORE TEARS was going up to beat IT’S BEN AGAIN when that horse ran out 6 to 7 metres when RAGHU veered out. He said that clearly inconvenienced his filly and believed the incident cost NO MORE TEARS a fair bit of ground at the 200 metres. He said this caused Mr Coleman to pull back off the heels of IT’S BEN AGAIN and noted that his filly got to within a head and a neck of that horse at the finish line.
Mr Coleman submitted that Mr Bosson had moved off his line and put him onto the heels of IT’S BEN AGAIN. He stated this caused him to move out putting him off balance when mounting a promising run. He believed the interference cost him more than the head and neck margin between the 2 horses at the post.
Mr Gillovic submitted that IT’S BEN AGAIN was green and acknowledged that his horse briefly shifted away from RAGHU which was shifting ground. He stated the more he looked at the films the more sure he was that NO MORE TEARS was not affected one bit by IT’S BEN AGAIN.
Mr Bosson submitted that if RAGHU had stayed straight there would not have been a protest. He said that IT’S BEN AGAIN was intimidated by RAGHU and his mount had run away from that horse due to greenness. He said NO MORE TEARS had every chance to get past IT’S BEN AGAIN and she could not do so. He added that Mr Coleman had to stop riding his mount for only half a stride at the 200 metres.
Mr Oatham assessment of the alleged incident was that although interference did occur near the 200 metres it was not overly severe. He said the Committee had to be sure in their own mind that the alleged interference cost NO MORE TEARS a higher placing and if there was any doubt the status quo should remain.
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 RAGHU did not make contact with any other runner. We identified that approaching the 200 metres IT’S BEN AGAIN tended to shift away from RAGHU which resulted in NO MORE TEARS momentarily having to switch off the hind quarters of IT’S BEN AGAIN. The Committee considers the interference to be minor and in our opinion it didn’t cost NO MORE TEARS any valuable momentum. Thereafter NO MORE TEARS had a clear run to the finish line and she was not taking any noticeable ground off IT’S BEN AGAIN.
We note that Mr Bosson dropped his whip near the 150 metres but he still maintained good control of IT’S BEN AGAIN.
After taking into account all the above factors the Committee was not satisfied that NO MORE TEARS would have beaten IT’S BEN AGAIN had such interference not occurred.
The Committee was of the opinion that the interference that occurred did not have a bearing on the outcome of the race and accordingly there are 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: 5766c760b7cf88d514c60eb108c4ad07
informantnumber: A6935
horsename: 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 3YO Mile, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Marsh, alleged that IT’S BEN AGAIN or its rider placed 2nd by the Judge interfered with the chances of his horse NO MORE TEARS placed 4th 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 margin were a nose, head and a 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 Marsh submitted that every horse was entitled to its own running line. He demonstrated on the available video films that NO MORE TEARS was going up to beat IT’S BEN AGAIN when that horse ran out 6 to 7 metres when RAGHU veered out. He said that clearly inconvenienced his filly and believed the incident cost NO MORE TEARS a fair bit of ground at the 200 metres. He said this caused Mr Coleman to pull back off the heels of IT’S BEN AGAIN and noted that his filly got to within a head and a neck of that horse at the finish line.
Mr Coleman submitted that Mr Bosson had moved off his line and put him onto the heels of IT’S BEN AGAIN. He stated this caused him to move out putting him off balance when mounting a promising run. He believed the interference cost him more than the head and neck margin between the 2 horses at the post.
Mr Gillovic submitted that IT’S BEN AGAIN was green and acknowledged that his horse briefly shifted away from RAGHU which was shifting ground. He stated the more he looked at the films the more sure he was that NO MORE TEARS was not affected one bit by IT’S BEN AGAIN.
Mr Bosson submitted that if RAGHU had stayed straight there would not have been a protest. He said that IT’S BEN AGAIN was intimidated by RAGHU and his mount had run away from that horse due to greenness. He said NO MORE TEARS had every chance to get past IT’S BEN AGAIN and she could not do so. He added that Mr Coleman had to stop riding his mount for only half a stride at the 200 metres.
Mr Oatham assessment of the alleged incident was that although interference did occur near the 200 metres it was not overly severe. He said the Committee had to be sure in their own mind that the alleged interference cost NO MORE TEARS a higher placing and if there was any doubt the status quo should remain.
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 RAGHU did not make contact with any other runner. We identified that approaching the 200 metres IT’S BEN AGAIN tended to shift away from RAGHU which resulted in NO MORE TEARS momentarily having to switch off the hind quarters of IT’S BEN AGAIN. The Committee considers the interference to be minor and in our opinion it didn’t cost NO MORE TEARS any valuable momentum. Thereafter NO MORE TEARS had a clear run to the finish line and she was not taking any noticeable ground off IT’S BEN AGAIN.
We note that Mr Bosson dropped his whip near the 150 metres but he still maintained good control of IT’S BEN AGAIN.
After taking into account all the above factors the Committee was not satisfied that NO MORE TEARS would have beaten IT’S BEN AGAIN had such interference not occurred.
The Committee was of the opinion that the interference that occurred did not have a bearing on the outcome of the race and accordingly there are insufficient grounds to justify a change of placings.
Decision:
The protest was dismissed and the Judges' placings 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 S Marsh -Trainer of NO MORE TEARS
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Neal - Co Chief Stipendiary Steward, Mr J Oatham - Senior Stipendiary Steward, Mr M Coleman - Rider of NO MORE TEARS, Mr A Bosma - Manager of NO MORE TEARS, Mr O Bosson - Rider of IT'S BEN AGAIN
Respondent: Mr B Gillovic - Trainer of IT'S BEN AGAIN
StipendSteward:
raceid: 7f2d273779c884312b25a64cf05a14f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
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