Archive Decision

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Poverty Bay TC 16 February 2020 – R 2 – (Instigating a Protest), Chair, Mr T Utikere

ID: JCA15713

Applicant:
Mr G Rogerson - Trainer of CAPELLANI

Respondent(s):
Mr A Forsman - Co-Trainer of DAM RELIABLE

Information Number:
A12314

Hearing Type:
Protest

Rules:
Rule 642(1)

Code:
Thoroughbred

Meet Title:
Poverty Bay TC - 16 February 2020

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2020/02/16

Race Number:
R2

Decision:

The protest is upheld. The amended placings are now:

1st: (5) CAPELLANI

2nd: (7) DAM RELIABLE

3rd: (1) VITTACHI

4th: (4) KATIEM MARIE

5th: (3) YOU'RE WELCOME

6th: (6) VANNOSS

The Committee directed the payment of stakes and dividends in accordance with the amended result.

Facts:

Following the running of Race 2 (Gisborne Scaffolding 2000) Information A12314 was filed with the Judicial Committee. It instigated a protest, alleging that the horse placed first by the Judge interfered with the chances of the horse placed second by the Judge, alleging "Interference in (sic) home straight".

The provisional placings were:

1st: (7) DAM RELIABLE

2nd: (5) CAPELLANI

3rd: (1) VITTACHI

4th: (4) KATIEM MARIE

5th: (3) YOU'RE WELCOME

6th: (6) VANNOSS

The official margin between first and second was a nose.

Mr Balcombe helpfully identified the relevant horses approaching the 300 metres on the monitor(s).

Submissions for Decision:

Using the head-on film, Mr Rogerson pointed out his horse positioned behind DAM RELIABLE in the straight, with CAPELLANI comencing an outwards movement to get to the outside of that runner. He said that DAM RELIABLE continued to run out onto CAPELLANI, who was entitled to a clear run to the line. DAM RELIABLE had come out, made contact, and with the margin being only a nose, it had cost his horse the race.

Mr Elliot said that he had come to the outside of Ms Johnson, who had then shifted out a horse width. He believed that both horses were on level terms, but that after contact had been made, his horse had to rebalance for a stride before it had got going again. On the suggestion of any inwards movement on his part prior to the contact he had referenced, he conceded that he had come in less than half a horse width.

Mr Forsman used the head-on film to demostrate that when Mr Elliot had come up to the hindquarters of DAM RELIABLE, he had made contact with the horse, and that he was in fact the initiator of the contact. He also pointed out that Mr Elliot had never stopped riding and whilst CAPELLANI had contributed to the interference, that horse had simply missed the bob on the line.

Ms Johnson had nothing further to add.

Mr Goodwin used the films to submit that Ms Johnson's mount had come out, dictating Mr Elliot over extra ground. While there had been some slight inwards movement from Mr Elliot, he believed the majority of the interference to be as a result of Ms Johnson shifting ground. The side-on view also showed that Mr Elliot was making up good ground on the winner over the final stages.

Reasons for Decision:

The Committee reviewed the available films, noting that there was no rear-view available. Despite the lack of that camera angle, we find the head-on and side-on films to be of sufficient assistance. Approaching the 300 metres, Mr Elliot's mount does move inwards slightly, at the same time that Ms Johnson starts to shift out. Contact is made at this point. Both horses continue to be ridden out approaching the 100 metres. It is at this point that Ms Johnson's mount moves out a horse width, making firm contact with CAPELLANI. While Mr Elliot was able to continue to ride CAPELLANI with the whip, he was pushed out over further ground as a direct result of DAM RELIABLE'S outwards movement. The side-on film clearly establishes that Mr Elliot's horse is finishing the race in a strong position, and actually heads the provisional winner, with DAM RELIABLE getting the bob in on the line. We are cognizant of the bare margin of a nose and are satisfied that if CAPELLANI did not receive the interference from DAM RELIABLE, then it would have won the race.

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: c717fba2a8d2d2c659c2d0aafa0bcdcc


informantnumber: A12314


horsename: DAM RELIABLE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 16/02/2020


hearing_title: Poverty Bay TC 16 February 2020 - R 2 - (Instigating a Protest), Chair, Mr T Utikere


charge:


facts:

Following the running of Race 2 (Gisborne Scaffolding 2000) Information A12314 was filed with the Judicial Committee. It instigated a protest, alleging that the horse placed first by the Judge interfered with the chances of the horse placed second by the Judge, alleging "Interference in (sic) home straight".

The provisional placings were:

1st: (7) DAM RELIABLE

2nd: (5) CAPELLANI

3rd: (1) VITTACHI

4th: (4) KATIEM MARIE

5th: (3) YOU'RE WELCOME

6th: (6) VANNOSS

The official margin between first and second was a nose.

Mr Balcombe helpfully identified the relevant horses approaching the 300 metres on the monitor(s).


appealdecision:


isappeal:


submissionsfordecision:

Using the head-on film, Mr Rogerson pointed out his horse positioned behind DAM RELIABLE in the straight, with CAPELLANI comencing an outwards movement to get to the outside of that runner. He said that DAM RELIABLE continued to run out onto CAPELLANI, who was entitled to a clear run to the line. DAM RELIABLE had come out, made contact, and with the margin being only a nose, it had cost his horse the race.

Mr Elliot said that he had come to the outside of Ms Johnson, who had then shifted out a horse width. He believed that both horses were on level terms, but that after contact had been made, his horse had to rebalance for a stride before it had got going again. On the suggestion of any inwards movement on his part prior to the contact he had referenced, he conceded that he had come in less than half a horse width.

Mr Forsman used the head-on film to demostrate that when Mr Elliot had come up to the hindquarters of DAM RELIABLE, he had made contact with the horse, and that he was in fact the initiator of the contact. He also pointed out that Mr Elliot had never stopped riding and whilst CAPELLANI had contributed to the interference, that horse had simply missed the bob on the line.

Ms Johnson had nothing further to add.

Mr Goodwin used the films to submit that Ms Johnson's mount had come out, dictating Mr Elliot over extra ground. While there had been some slight inwards movement from Mr Elliot, he believed the majority of the interference to be as a result of Ms Johnson shifting ground. The side-on view also showed that Mr Elliot was making up good ground on the winner over the final stages.


reasonsfordecision:

The Committee reviewed the available films, noting that there was no rear-view available. Despite the lack of that camera angle, we find the head-on and side-on films to be of sufficient assistance. Approaching the 300 metres, Mr Elliot's mount does move inwards slightly, at the same time that Ms Johnson starts to shift out. Contact is made at this point. Both horses continue to be ridden out approaching the 100 metres. It is at this point that Ms Johnson's mount moves out a horse width, making firm contact with CAPELLANI. While Mr Elliot was able to continue to ride CAPELLANI with the whip, he was pushed out over further ground as a direct result of DAM RELIABLE'S outwards movement. The side-on film clearly establishes that Mr Elliot's horse is finishing the race in a strong position, and actually heads the provisional winner, with DAM RELIABLE getting the bob in on the line. We are cognizant of the bare margin of a nose and are satisfied that if CAPELLANI did not receive the interference from DAM RELIABLE, then it would have won the race.


Decision:

The protest is upheld. The amended placings are now:

1st: (5) CAPELLANI

2nd: (7) DAM RELIABLE

3rd: (1) VITTACHI

4th: (4) KATIEM MARIE

5th: (3) YOU'RE WELCOME

6th: (6) VANNOSS

The Committee directed the payment of stakes and dividends in accordance with the amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 642(1)


Informant: Mr G Rogerson - Trainer of CAPELLANI


JockeysandTrainer:


Otherperson:


PersonPresent: Mr R Elliot - Rider of CAPELLANI, Ms D Johnson - Rider of DAM RELIABLE, Mr N Goodwin - Stipendiary Steward, Mr D Balcombe - Stipendiary Steward


Respondent: Mr A Forsman - Co-Trainer of DAM RELIABLE


StipendSteward:


raceid: f41802b88cdca71b516c76ace75065a1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9da5196c2cb5b11efb0be71f3885a31d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/02/2020


meet_title: Poverty Bay TC - 16 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: poverty-bay-tc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Poverty Bay TC