Whangarei RC 30 September 2015 – R 8 (instigating a protest) – Chair, Mr A Dooley
ID: JCA14381
Code:
Thoroughbred
Meet Title:
Whangarei RC - 30 September 2015
Meet Chair:
ADooley
Race Date:
2015/09/30
Race Number:
R8
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 8, Lion Red 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Magorrian, alleged that CONSENSUS or its rider placed 1st by the Judge interfered with the chances of his mount STOLEN DANCE placed 2nd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No. 5 CONSENSUS
2nd No. 6 STOLEN DANCE
3rd No. 7 ALL THE WAY
4th No. 1 VAVASOUR
The official margin between 1st and 2nd was a nose.
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”.
Mr Magorrian requested for the rule to be read aloud. All connections present acknowledged they understood the rule.
Submissions for Decision:
Mr Magorrian demonstrated on the video footage that near the 200 metres his mount STOLEN DANCE came off the heels of CONSENSUS. He specified that over the final 150 metres CONSENSUS shifted out about 3 horse widths and dictated his running line.
Mr Greene also identified that STOLEN DANCE angled out from behind CONSENSUS near the 200 metres. He said that over the final 150 metres CONSENSUS started to dictate STOLEN DANCE out about 3 horse widths. He said this resulted in STOLEN DANCE covering extra ground.
Mr Molloy submitted that Mr Magorrian elected to move off the heels of CONSENSUS near the 200 metres when there was room available to him on CONSENSUS’ inside. He stated that Mr Magorrian never stopped riding his mount forward and noted Mr Magorrian struck his mount 7 times behind the saddle. He added there was no contact between the 2 horses and at the 50 metre mark STOLEN DANCE headed CONSENSUS and she fought back to win.
Ms Collett said that Mr Molloy had summed it up very well. She submitted that STOLEN DANCE had every opportunity to get past CONSENSUS and was unable to do so. She confirmed there was no contact between the 2 horses.
Mr Coles submitted that he can’t deny there was some slow outward movement from CONSENSUS passing the 200 metres. He identified there was a reasonable gap between the 2 horses and over the final 100 metres there was very minimal movement from CONSENSUS. Mr Coles submitted that STOLEN DANCE had its opportunity to go past CONSENSUS and the Stewards find it pretty hard to support the protest given the way the 2 horses were finishing the race off.
Mr McKee arrived at this phase of the hearing because he had to saddle up a horse in race 9.
Mr McKee submitted that he couldn’t see any logic in the protest as STOLEN DANCE never suffered any loss of momentum over the final 200 metres.
Reasons for Decision:
The Committee carefully considered all the submissions presented and reviewed the video footage. It was established that just prior to the 200 metre mark Mr Magorrian angled STOLEN DANCE out across the heels of CONSENSUS to obtain a clear run. The Committee accepts that CONSENSUS gradually shifted out approximately 2 to 3 horse widths in the final 150 metres. However it was very significant that inside the final 200 metres Mr Magorrian continued to ride his mount forward with vigour. There was always a clear gap between the 2 horses and STOLEN DANCE did not lose any momentum from the incident.
The Committee is of the opinion that the minor outward movement from CONSENSUS did not have a bearing on the outcome of the race. Accordingly there were insufficient grounds to justify a change of placing's.
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: 7c5d45de2f9e5f1df35e410cc000fdd1
informantnumber: A4392
horsename: CONSENSUS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/10/2015
hearing_title: Whangarei RC 30 September 2015 - R 8 (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Lion Red 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Magorrian, alleged that CONSENSUS or its rider placed 1st by the Judge interfered with the chances of his mount STOLEN DANCE placed 2nd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No. 5 CONSENSUS
2nd No. 6 STOLEN DANCE
3rd No. 7 ALL THE WAY
4th No. 1 VAVASOUR
The official margin between 1st and 2nd was a nose.
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”.
Mr Magorrian requested for the rule to be read aloud. All connections present acknowledged they understood the rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Magorrian demonstrated on the video footage that near the 200 metres his mount STOLEN DANCE came off the heels of CONSENSUS. He specified that over the final 150 metres CONSENSUS shifted out about 3 horse widths and dictated his running line.
Mr Greene also identified that STOLEN DANCE angled out from behind CONSENSUS near the 200 metres. He said that over the final 150 metres CONSENSUS started to dictate STOLEN DANCE out about 3 horse widths. He said this resulted in STOLEN DANCE covering extra ground.
Mr Molloy submitted that Mr Magorrian elected to move off the heels of CONSENSUS near the 200 metres when there was room available to him on CONSENSUS’ inside. He stated that Mr Magorrian never stopped riding his mount forward and noted Mr Magorrian struck his mount 7 times behind the saddle. He added there was no contact between the 2 horses and at the 50 metre mark STOLEN DANCE headed CONSENSUS and she fought back to win.
Ms Collett said that Mr Molloy had summed it up very well. She submitted that STOLEN DANCE had every opportunity to get past CONSENSUS and was unable to do so. She confirmed there was no contact between the 2 horses.
Mr Coles submitted that he can’t deny there was some slow outward movement from CONSENSUS passing the 200 metres. He identified there was a reasonable gap between the 2 horses and over the final 100 metres there was very minimal movement from CONSENSUS. Mr Coles submitted that STOLEN DANCE had its opportunity to go past CONSENSUS and the Stewards find it pretty hard to support the protest given the way the 2 horses were finishing the race off.
Mr McKee arrived at this phase of the hearing because he had to saddle up a horse in race 9.
Mr McKee submitted that he couldn’t see any logic in the protest as STOLEN DANCE never suffered any loss of momentum over the final 200 metres.
reasonsfordecision:
The Committee carefully considered all the submissions presented and reviewed the video footage. It was established that just prior to the 200 metre mark Mr Magorrian angled STOLEN DANCE out across the heels of CONSENSUS to obtain a clear run. The Committee accepts that CONSENSUS gradually shifted out approximately 2 to 3 horse widths in the final 150 metres. However it was very significant that inside the final 200 metres Mr Magorrian continued to ride his mount forward with vigour. There was always a clear gap between the 2 horses and STOLEN DANCE did not lose any momentum from the incident.
The Committee is of the opinion that the minor outward movement from CONSENSUS did not have a bearing on the outcome of the race. Accordingly there were insufficient grounds to justify a change of placing's.
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: Mr L Magorrian - Apprentice Rider of STOLEN DANCE
JockeysandTrainer:
Otherperson:
PersonPresent: Ms A Collett - Rider of CONSENSUS, Mr L Molloy - Part Owner of CONSENSUS, Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward, Mr M Williamson -Stipendiary Steward, Mr D Greene - Trainer of STOLEN DANCE
Respondent: Mr S McKee - Co Trainer of CONSENSUS
StipendSteward:
raceid: 09b71529db6a172cb08f5078b4fc6c71
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1a2fa449a945ae46a24d3fdb6a310c04
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2015
meet_title: Whangarei RC - 30 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Whangarei RC