Ashburton RC 12 September 2015 – R 5 (instigating a protest) – KG Hales, Chair
ID: JCA14994
Code:
Thoroughbred
Meet Title:
Ashburton RC - 12 September 2015
Meet Chair:
KHales
Meet Committee Member 1:
DANderson
Race Date:
2015/09/12
Race Number:
R5
Decision:
The protest is dismissed and stakes and dividends are to be paid in accordance with the Judge's placings.
Facts:
Following the running of Race 5, the RD Petroleum Rating 65, Mr M Harris, the trainer of "Czarista" lodged a protest pursuant to Rule 642(1), alleging interference at the 200 metres by "Peggy's Choice" (T Moseley).
Judge's placings were as follows:
1st "Peggy's Choice"
2nd "Czarista"
3rd "Tomm Jones"
4th "Madame Jamai"
5th "Vitesse Rose".
The official margin between 1st and 2nd was a nose.
The procedure for the hearing of the protest was explained to all participants by the Chairman. Both trainers nominated their jockeys as the spokesperson for the protest hearing.
Mr M Davidson, Stipendiary Steward, showed the video coverage of the incident which gave rise to the protest.
Mr CW Johnson, the rider of "Czarista" told the hearing that as the field approached the 200 metres mark (from the winning post), that he had clear racing room. However, tightening occurred which he attributed to Mr Moseley's mount "Peggy's Choice", which was racing on his outside. He said that the tightening that occurred hampered his ability to urge his mount forward. He said that "I couldn't get to my horse". A bump occurred which he said caused him to lose momentum. Had it not been for that, and having regard to the narrow margin between 1st and 2nd, Mr Johnson felt that his horse would have beaten "Peggy's Choice".
In response, Mr Moseley said that the horse to the outside of him, "Tomm Jones" (K Mudhoo), moved inwards, but of greater importance, was that at the point of the race that Mr Johnson complained of, that he, (Mr Johnson) had not gone for his whip. In fact, "Czarista" went ahead of "Peggy's Choice" by a neck, and that "Peggy's Choice" recovered and went on to win.
In response to a question from the Chairman, both riders agreed that the contact between them was a "bump".
Submissions for Decision:
Mr McKay, the trainer of "Peggy's Choice" submitted that the fact that his horse "came back" after "Czarista" went ahead by a neck, was significant. Both horses raced on even terms to the end of the race with "Peggy's Choice" being the winner.
Mr Harris did not have any submissions to make.
Mr McLaughlin, was asked for the Stipendiary Stewards' view of the matter. He said that the incident occurred 200 metres from the winning post, that there was some contact, but that the Stipendiary Stewards had, after looking at the incident carefully, elected not to lodge a protest.
Reasons for Decision:
In order for this Judicial Committee to uphold the protest, we need to be satisfied that had it not been for the interference complained of, that "Czarista" would have beaten "Peggy's Choice".
We looked carefully at the video coverage and listened to the submissions made. There was some tightening, at the 200 metres mark, and there was some contact between "Czarista" and Peggy's Choice". As to whether the contact (described as a "bump") caused "Czarista" to lose momentum is doubtful. There was no discernible change in Mr Johnson's riding actions. Of significance, however, is that "Czarista" went ahead of "Peggy's Choice" by about a neck. "Peggy's Choice" fought back, and won the race albeit by the narrow margin of a nose. Moreover, as Mr Moseley observed, Mr Johnson had "not gone for the stick" at the point of the interference.
Having given careful consideration to all of the evidence, that notwithstanding the minor interference that occurred and the narrow margin at the finish, we conclude that "Czarista" would not have beaten "Peggy's Choice". The incident occurred with 200 metres to run, "Czarista" went ahead for a time and thereafter the horses raced competitively to the winning post. We also doubt that "Czarista" lost momentum as described by Mr Johnson.
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: 96710c0fb24c91019cdc1381acd8c5e0
informantnumber: A6352
horsename: Peggy's Choice
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/09/2015
hearing_title: Ashburton RC 12 September 2015 - R 5 (instigating a protest) - KG Hales, Chair
charge:
facts:
Following the running of Race 5, the RD Petroleum Rating 65, Mr M Harris, the trainer of "Czarista" lodged a protest pursuant to Rule 642(1), alleging interference at the 200 metres by "Peggy's Choice" (T Moseley).
Judge's placings were as follows:
1st "Peggy's Choice"
2nd "Czarista"
3rd "Tomm Jones"
4th "Madame Jamai"
5th "Vitesse Rose".
The official margin between 1st and 2nd was a nose.
The procedure for the hearing of the protest was explained to all participants by the Chairman. Both trainers nominated their jockeys as the spokesperson for the protest hearing.
Mr M Davidson, Stipendiary Steward, showed the video coverage of the incident which gave rise to the protest.
Mr CW Johnson, the rider of "Czarista" told the hearing that as the field approached the 200 metres mark (from the winning post), that he had clear racing room. However, tightening occurred which he attributed to Mr Moseley's mount "Peggy's Choice", which was racing on his outside. He said that the tightening that occurred hampered his ability to urge his mount forward. He said that "I couldn't get to my horse". A bump occurred which he said caused him to lose momentum. Had it not been for that, and having regard to the narrow margin between 1st and 2nd, Mr Johnson felt that his horse would have beaten "Peggy's Choice".
In response, Mr Moseley said that the horse to the outside of him, "Tomm Jones" (K Mudhoo), moved inwards, but of greater importance, was that at the point of the race that Mr Johnson complained of, that he, (Mr Johnson) had not gone for his whip. In fact, "Czarista" went ahead of "Peggy's Choice" by a neck, and that "Peggy's Choice" recovered and went on to win.
In response to a question from the Chairman, both riders agreed that the contact between them was a "bump".
appealdecision:
isappeal:
submissionsfordecision:
Mr McKay, the trainer of "Peggy's Choice" submitted that the fact that his horse "came back" after "Czarista" went ahead by a neck, was significant. Both horses raced on even terms to the end of the race with "Peggy's Choice" being the winner.
Mr Harris did not have any submissions to make.
Mr McLaughlin, was asked for the Stipendiary Stewards' view of the matter. He said that the incident occurred 200 metres from the winning post, that there was some contact, but that the Stipendiary Stewards had, after looking at the incident carefully, elected not to lodge a protest.
reasonsfordecision:
In order for this Judicial Committee to uphold the protest, we need to be satisfied that had it not been for the interference complained of, that "Czarista" would have beaten "Peggy's Choice".
We looked carefully at the video coverage and listened to the submissions made. There was some tightening, at the 200 metres mark, and there was some contact between "Czarista" and Peggy's Choice". As to whether the contact (described as a "bump") caused "Czarista" to lose momentum is doubtful. There was no discernible change in Mr Johnson's riding actions. Of significance, however, is that "Czarista" went ahead of "Peggy's Choice" by about a neck. "Peggy's Choice" fought back, and won the race albeit by the narrow margin of a nose. Moreover, as Mr Moseley observed, Mr Johnson had "not gone for the stick" at the point of the interference.
Having given careful consideration to all of the evidence, that notwithstanding the minor interference that occurred and the narrow margin at the finish, we conclude that "Czarista" would not have beaten "Peggy's Choice". The incident occurred with 200 metres to run, "Czarista" went ahead for a time and thereafter the horses raced competitively to the winning post. We also doubt that "Czarista" lost momentum as described by Mr Johnson.
Decision:
The protest is dismissed and stakes and dividends are to be paid in accordance with the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 642(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 interfered with would have finished ahead of the first mentioned horse had such interference not occurred, then they may place the first mentioned horse immediately after the horse interfered with.
Informant: M Harris - Licensed Trainer
JockeysandTrainer:
Otherperson:
PersonPresent: J McLaughlin - Stipendiary Steward, Mr M Davidson (Stipendiary Steward), Mr CW Johnson - Licensed Jockey ("Czarista"), T Moseley - Licensed Jockey ("Peggy's Choice")
Respondent: R McKay - Licensed Trainer
StipendSteward:
raceid: 0082df662dad8daed45fb89c4dcbf046
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 56fb61f906d722eef2432faa94d94d22
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/09/2015
meet_title: Ashburton RC - 12 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: DANderson
meet_pm2: none
name: Ashburton RC