Archive Decision

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Auckland RC 27 January 2018 – R 4 (instigating a protest) – Chair, Mr A Dooley

ID: JCA14922

Applicant:
Mr J Bell - Trainer of KAPOOR

Respondent(s):
Mr J Richards - Co Trainer EMBELLISH

Information Number:
A10038

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 27 January 2018

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2018/01/27

Race Number:
Race 4

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 4, Karaka Million 3YO Classic (Listed Race) an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr J Bell, alleged that EMBELLISH or its rider placed 2nd by the Judge interfered with the chances of KAPOOR placed 5th by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st - No. 5 SCOTT BASE
2nd - No. 1 EMBELLISH
3rd - No. 2 EVER LOYAL
4th - No. 12 SAVVY COUP
5th - No. 14 KAPOOR

The official margins were long neck, 2 ½ lengths, nose and ½ a head

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”.

All connections present acknowledged they understood the Rule.

Submissions for Decision:

Mr Bell said that near the 300 metres EMBELLISH pushed KAPOOR inwards which resulted in his horse being checked losing her momentum.

Ms Johnson said that Mr Bosson, the rider of EMBELLISH applied a lot of pressure onto KAPOOR which affected her mount for 3 or 4 strides. She said that KAPOOR did well to pick herself up again.

Mr Ellis submitted that there was never a gap for KAPOOR and the margin at the finish was so great that the protest doesn’t warrant any further action.

Mr Bosson said that he stayed on the same strip and the interference that KAPOOR received was as a result of ON THE ROCKS shifting out. He said that EMBELLISH was going past KAPOOR near the 300 metres.

Mr Oatham said that EMBELLISH came from about 1 and ½ lengths behind KAPOOR at the 400 metres. He said when the interference occurred KAPOOR did have a run available to her until EMBELLISH laid in 1 horse width when at the same time that ON THE ROCKS shifted out. He said given the margins at the finish the Stewards would have difficulty in saying that KAPOOR would have beaten EMBELLISH.

Reasons for Decision:

The Committee carefully considered all the evidence and submissions presented and reviewed the video footage several times.

The Committee observed that near the 300 metres EMBELLISH laid in 1 horse width which resulted in KAPOOR being awkwardly placed on the heels of ON THE ROCKS for a few strides. It was apparent that ON THE ROCKS contributed to the incident when it shifted out. It was clear that EMBELLISH had come from behind KAPOOR prior to any interference occurring.

After considering the low degree of interference, the manner in which both horses finished the race off and especially the margins at the finish the Committee was of the opinion that there were 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: 8c4e80df7025ee3705f23d355c0c0aef


informantnumber: A10038


horsename: EMBELLISH


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 29/01/2018


hearing_title: Auckland RC 27 January 2018 - R 4 (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 4, Karaka Million 3YO Classic (Listed Race) an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr J Bell, alleged that EMBELLISH or its rider placed 2nd by the Judge interfered with the chances of KAPOOR placed 5th by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st - No. 5 SCOTT BASE
2nd - No. 1 EMBELLISH
3rd - No. 2 EVER LOYAL
4th - No. 12 SAVVY COUP
5th - No. 14 KAPOOR

The official margins were long neck, 2 ½ lengths, nose and ½ a head

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”.

All connections present acknowledged they understood the Rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr Bell said that near the 300 metres EMBELLISH pushed KAPOOR inwards which resulted in his horse being checked losing her momentum.

Ms Johnson said that Mr Bosson, the rider of EMBELLISH applied a lot of pressure onto KAPOOR which affected her mount for 3 or 4 strides. She said that KAPOOR did well to pick herself up again.

Mr Ellis submitted that there was never a gap for KAPOOR and the margin at the finish was so great that the protest doesn’t warrant any further action.

Mr Bosson said that he stayed on the same strip and the interference that KAPOOR received was as a result of ON THE ROCKS shifting out. He said that EMBELLISH was going past KAPOOR near the 300 metres.

Mr Oatham said that EMBELLISH came from about 1 and ½ lengths behind KAPOOR at the 400 metres. He said when the interference occurred KAPOOR did have a run available to her until EMBELLISH laid in 1 horse width when at the same time that ON THE ROCKS shifted out. He said given the margins at the finish the Stewards would have difficulty in saying that KAPOOR would have beaten EMBELLISH.


reasonsfordecision:

The Committee carefully considered all the evidence and submissions presented and reviewed the video footage several times.

The Committee observed that near the 300 metres EMBELLISH laid in 1 horse width which resulted in KAPOOR being awkwardly placed on the heels of ON THE ROCKS for a few strides. It was apparent that ON THE ROCKS contributed to the incident when it shifted out. It was clear that EMBELLISH had come from behind KAPOOR prior to any interference occurring.

After considering the low degree of interference, the manner in which both horses finished the race off and especially the margins at the finish the Committee was of the opinion that there were insufficient grounds to justify a change of placings.


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 J Bell - Trainer of KAPOOR


JockeysandTrainer:


Otherperson:


PersonPresent: Mr D Ellis - Represnting the connections of EMBELLISH, Mr D Johnson - Rider of KAPOOR, Mr O Bosson - Rider of EMBELLISH, Mr J Oatham - Chief Stipendiary Steward, Mr S Autridge - Co Trainer of EMBELLISH


Respondent: Mr J Richards - Co Trainer EMBELLISH


StipendSteward:


raceid: e1d0844dfff016617fa6dbd2a4c98d76


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b05bface5bf1b42dc832ca3fdac4b488


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/01/2018


meet_title: Auckland RC - 27 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Auckland RC