Archive Decision

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Whangarei RC 30 August 2014 – R 4 (instigating a protest)

ID: JCA14510

Applicant:
Mr R Bishara - Licensed Trainer of RAROONEY

Respondent(s):
Mr B Foot - Licensed Trainer of BAZZ

Information Number:
A4133

Hearing Type:
Protest

Rules:
642 (1)(Protest)

Code:
Thoroughbred

Meet Title:
Whangarei RC - 30 August 2014

Meet Chair:
GJones

Meet Committee Member 1:
TDavies

Race Date:
2014/08/30

Race Number:
R4

Decision:

The protest is dismissed and the Judge's placings stand. We order all dividends and stakes to be paid accordingly.

Facts:

This is a contested protest instigated by Mr Bishara, Trainer of the 2nd placed horse against the winner, following the running of race 4, the Spire Fashion Fiesta 13 September at Ruakaka Maiden 1200. The basis of the protest is that number 8 BAZZ placed 1st, interfered with number 1 RAROONEY placed 2nd in the final straight.

Judge's placings were:
1st - No 8 BAZZ
2nd - No 1 RAROONEY
3rd - No 11 VOLKSTOK’N’BARRELL
4th - No 4 OVERNIGHTSENSATION

The official margin between 1st and 2nd was 1 length.

Submissions for Decision:

Ms Smyth the rider of second placed RAROONEY submitted that at about the 150 metre mark her mount was bumped by BAZZ. She said it caused her mount to change stride and lose momentum. She told the Committee the incident “cost her quite a bit of ground”.

Mr Bishara reinforced the comment that RAROONEY was bumped and lost momentum. He submitted that the Committee should take into account the fact that the track was testing due to the weather conditions and also the fact that RAROONEY was unable to quicken following the interference.

Mr Magorrian referred to the head on video film of the incident. He submitted that when his mount shifted out he stopped riding and attempted to straighten it and at the same time contact was made with RAROONEY.

Mr Foote submitted that BAZZ had come from behind RAROONEY and had been travelling by far the better of the two horses when contact was made. He noted that Ms Smyth never stopped riding her mount out at any stage. He added that in the run to the line BAZZ was drawing clear of RAROONEY.

Mr Williamson on behalf of the Stewards submitted that from the 200 metre mark BAZZ was finishing off strongly having come from behind RAROONEY and both horses contributed to the contact. He said that given the official margin of 1 length margin between 1st and 2nd the Stewards are of the opinion that the contact did not cost RAROONEY the winning of the race and therefore the Stewards do not support the protest being upheld. 

Reasons for Decision:

The Committee carefully considered all of the submissions from the various parties as well as the video footage of the incident. Our assessment of the incident is that BAZZ did shift outwards about 2 horse-widths and make contact with RAROONEY, but at the same time RAROONEY shifted ground inwards.

Having weighed all the evidence and submissions it is the Committees view that although some interference was suffered by RAROONEY as result of contact with BAZZ we are not of the opinion that RAROONEY would have finished ahead of BAZZ had the contact not occurred.

The Committee is of the view that BAZZ was finishing the race off more strongly than RAROONEY, before and after contact was made. 

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: 8c7f9482069d55c1ddbc2bdb2de8ba30


informantnumber: A4133


horsename: BAZZ


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/08/2014


hearing_title: Whangarei RC 30 August 2014 - R 4 (instigating a protest)


charge:


facts:

This is a contested protest instigated by Mr Bishara, Trainer of the 2nd placed horse against the winner, following the running of race 4, the Spire Fashion Fiesta 13 September at Ruakaka Maiden 1200. The basis of the protest is that number 8 BAZZ placed 1st, interfered with number 1 RAROONEY placed 2nd in the final straight.

Judge's placings were:
1st - No 8 BAZZ
2nd - No 1 RAROONEY
3rd - No 11 VOLKSTOK’N’BARRELL
4th - No 4 OVERNIGHTSENSATION

The official margin between 1st and 2nd was 1 length.


appealdecision:


isappeal:


submissionsfordecision:

Ms Smyth the rider of second placed RAROONEY submitted that at about the 150 metre mark her mount was bumped by BAZZ. She said it caused her mount to change stride and lose momentum. She told the Committee the incident “cost her quite a bit of ground”.

Mr Bishara reinforced the comment that RAROONEY was bumped and lost momentum. He submitted that the Committee should take into account the fact that the track was testing due to the weather conditions and also the fact that RAROONEY was unable to quicken following the interference.

Mr Magorrian referred to the head on video film of the incident. He submitted that when his mount shifted out he stopped riding and attempted to straighten it and at the same time contact was made with RAROONEY.

Mr Foote submitted that BAZZ had come from behind RAROONEY and had been travelling by far the better of the two horses when contact was made. He noted that Ms Smyth never stopped riding her mount out at any stage. He added that in the run to the line BAZZ was drawing clear of RAROONEY.

Mr Williamson on behalf of the Stewards submitted that from the 200 metre mark BAZZ was finishing off strongly having come from behind RAROONEY and both horses contributed to the contact. He said that given the official margin of 1 length margin between 1st and 2nd the Stewards are of the opinion that the contact did not cost RAROONEY the winning of the race and therefore the Stewards do not support the protest being upheld. 


reasonsfordecision:

The Committee carefully considered all of the submissions from the various parties as well as the video footage of the incident. Our assessment of the incident is that BAZZ did shift outwards about 2 horse-widths and make contact with RAROONEY, but at the same time RAROONEY shifted ground inwards.

Having weighed all the evidence and submissions it is the Committees view that although some interference was suffered by RAROONEY as result of contact with BAZZ we are not of the opinion that RAROONEY would have finished ahead of BAZZ had the contact not occurred.

The Committee is of the view that BAZZ was finishing the race off more strongly than RAROONEY, before and after contact was made. 


Decision:

The protest is dismissed and the Judge's placings stand. We order all dividends and stakes to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642 (1)(Protest)


Informant: Mr R Bishara - Licensed Trainer of RAROONEY


JockeysandTrainer:


Otherperson:


PersonPresent: Ms R Smyth - Rider of RAROONEY, Mr L Magorrian - Rider of BAZZ, Mr K Clotworthy - supporting Mr Magorrian, Mr M Williamson - Stipendiary Steward


Respondent: Mr B Foot - Licensed Trainer of BAZZ


StipendSteward:


raceid: ac19a2e4a89ddb4c6a964a261aeb4178


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05c52b62e0f9b3985e2a80b62723a1fd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/08/2014


meet_title: Whangarei RC - 30 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: TDavies


meet_pm2: none


name: Whangarei RC