Canterbury JC 25 May 2012 – R 8 (instigating a protest)
ID: JCA14318
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 25 May 2012
Meet Chair:
JMillar
Meet Committee Member 1:
KHales
Race Date:
2012/05/25
Race Number:
R 8
Decision:
Protest dismissed and placings as declared by the Judge stand.
1st Night Tango (2)
2nd Sometime Later (12)
3rd Tricatchme (3)
4th What A Find (4)
5th Kokiid (7)
6th Mt Difficulty (1)
Facts:
Following the running of the 8th Race, “The Christchurch Casino Camla Rating 65”, an Information Instigating a Protest was filed by Mr Carston, representing the trainer of “Sometime Later” (12) which finished 2nd in the race, alleging interference by “Night Tango” (2) which finished 1st.
The judge's official placings were as follows:
1st Night Tango (2)
2nd Sometime Later (12)
3rd Tricatchme
4th What A Find (4)
5th Kokiid (7)
6th Mt Difficulty (1)
The information reads as follows:
“I the above named informant allege that the above named respondent committed a breach of Rule 642 (1), (in) that horse number 2 or its rider placed 1st by the judge interfered with the chances of horse number 12, placed 2nd by the judge…interference near the 150 m”
Rule 642 (1) reads as follows:
“(1) 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”
Mr Carston advised he would represent the interests of “Sometime Later” and Mr Stokes indicated he would represent the interests of “Night Tango”.
Submissions for Decision:
At the commencement of these proceedings Mr Hales declared a conflict of interest and withdrew from the hearing.
Mr McLaughlin by use of the race video, showed the final stages of the race which illustrated the interference alleged. Mr Ray gave evidence that the final margin between 1st and 2nd was 1 length.
Mr Carston, with the assistance of the race video, gave evidence that he believed the interference was closer to 130 metres from the finish. At about 130 metres “Night Tango” was racing 3 wide with plenty of room for “Sometime Later” and “Likeitlikethat” inside. He drew attention to the fact horses in earlier races, looked beaten early in the run home but had finished their races off well. He had accordingly issued instructions to Mr Lui that the last 100 metres were to be his strongest.
Mr Carston submitted at about the 130 metre mark, “Night Tango” had “decked” both his horse (“Sometime Later”) and the inside horse “Likeitlikethat”. When “Night Tango” caused the interference, Mr Walters had continued to ride his horse out. Mr Carston gave evidence that “Sometime Later” lost her balance and Mr Lui had stopped using the whip for 6 strides. Mr Carston while accepting the final margin of 1 length, believed without the interference his horse would have won the race, particularly with the way other horses had been finishing their races on the day.
Mr Stokes gave evidence to the effect that “Night Tango” had led the entire length of the straight and won the race easily, easing down. He contended although Mr Lui had ridden his horse vigorously at all times he was never going to beat “Night Tango”.
Mr Walters gave evidence that he believed at no stage from the top of the straight “Sometime Later” had any chance of beating him. He conceded he had given “Sometime Later” a bit of a bump, but while Mr Lui had stopped using the whip when the interference occurred he had not stopped riding his horse out.
Mr Ray submitted in his opinion there was no doubt that some interference had occurred, the most affected being “Likeitlikethat”.
Reasons for Decision:
With the trend in earlier races of beaten horses finishing their races well, as raised by Mr Carston, in view of the manner in which “Night Tango” won, the margin involved and the many variables associated to this conjecture, I had difficulty in lending any significant weight to it.
I carefully considered all the evidence and the video coverage of the incident. “Night Tango” when under a vigorous ride moved in sharply after the 150 metre mark and “bumped” “Sometime Later”.
At the time of the interference Mr Lui hesitated in his whip action for a few strides, but he did not stop riding “Sometime Later” out. “Night Tango” appeared to have the measure of “Sometime Later” throughout the concluding stages of the race.
Had the interference not occurred, after taking into account the nature and extent of the interference, and the margin at the finish, I was satisfied “Sometime Later” would not have finished ahead of “Night Tango”.
Protest should not be upheld.
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: 7460e02af649fbbf330bda68c9f34242
informantnumber: A5653
horsename: NIGHT TANGO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/05/2012
hearing_title: Canterbury JC 25 May 2012 - R 8 (instigating a protest)
charge:
facts:
Following the running of the 8th Race, “The Christchurch Casino Camla Rating 65”, an Information Instigating a Protest was filed by Mr Carston, representing the trainer of “Sometime Later” (12) which finished 2nd in the race, alleging interference by “Night Tango” (2) which finished 1st.
The judge's official placings were as follows:
1st Night Tango (2)
2nd Sometime Later (12)
3rd Tricatchme
4th What A Find (4)
5th Kokiid (7)
6th Mt Difficulty (1)
The information reads as follows:
“I the above named informant allege that the above named respondent committed a breach of Rule 642 (1), (in) that horse number 2 or its rider placed 1st by the judge interfered with the chances of horse number 12, placed 2nd by the judge…interference near the 150 m”
Rule 642 (1) reads as follows:
“(1) 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”
Mr Carston advised he would represent the interests of “Sometime Later” and Mr Stokes indicated he would represent the interests of “Night Tango”.
appealdecision:
isappeal:
submissionsfordecision:
At the commencement of these proceedings Mr Hales declared a conflict of interest and withdrew from the hearing.
Mr McLaughlin by use of the race video, showed the final stages of the race which illustrated the interference alleged. Mr Ray gave evidence that the final margin between 1st and 2nd was 1 length.
Mr Carston, with the assistance of the race video, gave evidence that he believed the interference was closer to 130 metres from the finish. At about 130 metres “Night Tango” was racing 3 wide with plenty of room for “Sometime Later” and “Likeitlikethat” inside. He drew attention to the fact horses in earlier races, looked beaten early in the run home but had finished their races off well. He had accordingly issued instructions to Mr Lui that the last 100 metres were to be his strongest.
Mr Carston submitted at about the 130 metre mark, “Night Tango” had “decked” both his horse (“Sometime Later”) and the inside horse “Likeitlikethat”. When “Night Tango” caused the interference, Mr Walters had continued to ride his horse out. Mr Carston gave evidence that “Sometime Later” lost her balance and Mr Lui had stopped using the whip for 6 strides. Mr Carston while accepting the final margin of 1 length, believed without the interference his horse would have won the race, particularly with the way other horses had been finishing their races on the day.
Mr Stokes gave evidence to the effect that “Night Tango” had led the entire length of the straight and won the race easily, easing down. He contended although Mr Lui had ridden his horse vigorously at all times he was never going to beat “Night Tango”.
Mr Walters gave evidence that he believed at no stage from the top of the straight “Sometime Later” had any chance of beating him. He conceded he had given “Sometime Later” a bit of a bump, but while Mr Lui had stopped using the whip when the interference occurred he had not stopped riding his horse out.
Mr Ray submitted in his opinion there was no doubt that some interference had occurred, the most affected being “Likeitlikethat”.
reasonsfordecision:
With the trend in earlier races of beaten horses finishing their races well, as raised by Mr Carston, in view of the manner in which “Night Tango” won, the margin involved and the many variables associated to this conjecture, I had difficulty in lending any significant weight to it.
I carefully considered all the evidence and the video coverage of the incident. “Night Tango” when under a vigorous ride moved in sharply after the 150 metre mark and “bumped” “Sometime Later”.
At the time of the interference Mr Lui hesitated in his whip action for a few strides, but he did not stop riding “Sometime Later” out. “Night Tango” appeared to have the measure of “Sometime Later” throughout the concluding stages of the race.
Had the interference not occurred, after taking into account the nature and extent of the interference, and the margin at the finish, I was satisfied “Sometime Later” would not have finished ahead of “Night Tango”.
Protest should not be upheld.
Decision:
Protest dismissed and placings as declared by the Judge stand.
1st Night Tango (2)
2nd Sometime Later (12)
3rd Tricatchme (3)
4th What A Find (4)
5th Kokiid (7)
6th Mt Difficulty (1)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr A Carston - Licensed Trainer
JockeysandTrainer:
Otherperson:
PersonPresent: Mr C Y Lui - Apprentice Jockey - Rider "SOMETIME LATER", Mr M Stokes - Licensed Trainer "NIGHT TANGO", Mr J McLaughlin - Stipendiary Steward, Mr A Ray - Stipendiary Steward
Respondent: Mr K C Walters - Apprentice Jockey
StipendSteward:
raceid: d90e025d81c0170f89ffefc86de6c54d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f22ff0ddc12fb4cfb8e04491f7d43d6c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2012
meet_title: Canterbury Racing - 25 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: JMillar
meet_pm1: KHales
meet_pm2: none
name: Canterbury Racing