Archive Decision

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Auckland RC 29 December 2012 – R 4 ( instigating a protest)

ID: JCA16424

Applicant:
Mrs S Hewetson - Trainer of BETWEEN DREAMS

Respondent(s):
Mr T Cole - Trainer of LA VALETA

Information Number:
A2801

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 29 December 2012

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2012/12/29

Race Number:
R4

Decision:

Accordingly, the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.

 

Facts:

Following the running of Race 4, an information was filed by Mrs Hewetson pursuant to rule 642(1) She alleged that LA VALETA placed 1st by the judge interfered with the chances of her horse BETWEEN DREAMS placed 6th by the judge. The interference occurred in the final straight.

The judge's placing were as follows:

1st No. 12 LA VALETA
2nd No. 5 RHYTHM TO SPARE
3rd No. 9 PACIFIC CHOICE
4th No. 3 BIGGIN HILL
5th No. 6 LIVING THE DREAM
6th No: 8 BETWEEN THE DREAMS

The official margin between 1st and 6th was approximately 2 ½ lengths.

Submissions for Decision:


Mrs Hewetson submitted that early in the home straight her horse was absolutely sideswiped by LA VALETA. She believed that later in the home straight there had been further interference which had definitely cost her horse the chance of finishing closer.

Mr Huthchings submitted at the top of the home straight he was alongside LA VALETA. He said early in the home straight the winner shifted ground out significantly and denied him his rightful line of running. He stated that his mount lost 2 ½ lengths due to the interference and believed that it cost him winning the race because his mount was coming back at the winner towards the finish.

In response to a question from the committee, Mr Huthchings acknowledged that he realised that he was approximately 2 ½ lengths from the winner at the finish.

Mr Cole submitted that his horse was having her 2nd race day start and was green. He acknowledged that his horse had run out in the straight. However, he was adamant that BETWEEN DREAMS was never going to beat LA VALETA.

Mr Colgan submitted that if LA VALETA had run straight it would have won by 5 lengths.

Mr Williamson when asked for his assessment submitted that LA VALETA did shift outwards twice in the final straight. The first movement was not significant, however approximately at the 150 metre mark there was further movement by the winner which did cause some interference to BETWEEN DREAMS and it cost her some ground. He said while the winner did shift out about 10 horse widths in the final straight the Stewards had some doubt that the result of the race would have been different if the interference had not occurred. Therefore he submitted the result should stay status quo.

Mrs Hewetson when given the opportunity to sum up had nothing further to add.

Reasons for Decision:

The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 300 metre mark LA VALETA shifts out marginally into the line of BETWEEN DREAMS. At the 150 metre mark we concede that LA VALETA does continue to shift out towards BETWEEN DREAMS. It was clear on the films that Mr Colgan was aware that the outward shift was affecting the running line of BETWEEN DREAMS. Mr Colgan was attempting to straighten his mount by changing his whip over at the 150 metre mark. It was very clear on the films that BETWEEN DREAMS over the final 150 metres when being ridden with vigour was not taking any ground off LA VELETA, when it had clear running.  In our view LA VALETA was drawing clear of BETWEEN DREAMS over the final 100 metres when being ridden with no vigour. Finally, we note it was significant that BETWEEN DREAMS finished 2 ½ lengths from the winner.

For these reasons we are not satisfied that BETWEEN DREAMS would have beaten LA VALETA if interference had not occurred.

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: b35cb2fe80bdbf2d58bbc200bbf8b7d8


informantnumber: A2801


horsename: LA VALETA


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/12/2012


hearing_title: Auckland RC 29 December 2012 - R 4 ( instigating a protest)


charge:


facts:

Following the running of Race 4, an information was filed by Mrs Hewetson pursuant to rule 642(1) She alleged that LA VALETA placed 1st by the judge interfered with the chances of her horse BETWEEN DREAMS placed 6th by the judge. The interference occurred in the final straight.

The judge's placing were as follows:

1st No. 12 LA VALETA
2nd No. 5 RHYTHM TO SPARE
3rd No. 9 PACIFIC CHOICE
4th No. 3 BIGGIN HILL
5th No. 6 LIVING THE DREAM
6th No: 8 BETWEEN THE DREAMS

The official margin between 1st and 6th was approximately 2 ½ lengths.


appealdecision:


isappeal:


submissionsfordecision:


Mrs Hewetson submitted that early in the home straight her horse was absolutely sideswiped by LA VALETA. She believed that later in the home straight there had been further interference which had definitely cost her horse the chance of finishing closer.

Mr Huthchings submitted at the top of the home straight he was alongside LA VALETA. He said early in the home straight the winner shifted ground out significantly and denied him his rightful line of running. He stated that his mount lost 2 ½ lengths due to the interference and believed that it cost him winning the race because his mount was coming back at the winner towards the finish.

In response to a question from the committee, Mr Huthchings acknowledged that he realised that he was approximately 2 ½ lengths from the winner at the finish.

Mr Cole submitted that his horse was having her 2nd race day start and was green. He acknowledged that his horse had run out in the straight. However, he was adamant that BETWEEN DREAMS was never going to beat LA VALETA.

Mr Colgan submitted that if LA VALETA had run straight it would have won by 5 lengths.

Mr Williamson when asked for his assessment submitted that LA VALETA did shift outwards twice in the final straight. The first movement was not significant, however approximately at the 150 metre mark there was further movement by the winner which did cause some interference to BETWEEN DREAMS and it cost her some ground. He said while the winner did shift out about 10 horse widths in the final straight the Stewards had some doubt that the result of the race would have been different if the interference had not occurred. Therefore he submitted the result should stay status quo.

Mrs Hewetson when given the opportunity to sum up had nothing further to add.


reasonsfordecision:

The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 300 metre mark LA VALETA shifts out marginally into the line of BETWEEN DREAMS. At the 150 metre mark we concede that LA VALETA does continue to shift out towards BETWEEN DREAMS. It was clear on the films that Mr Colgan was aware that the outward shift was affecting the running line of BETWEEN DREAMS. Mr Colgan was attempting to straighten his mount by changing his whip over at the 150 metre mark. It was very clear on the films that BETWEEN DREAMS over the final 150 metres when being ridden with vigour was not taking any ground off LA VELETA, when it had clear running.  In our view LA VALETA was drawing clear of BETWEEN DREAMS over the final 100 metres when being ridden with no vigour. Finally, we note it was significant that BETWEEN DREAMS finished 2 ½ lengths from the winner.

For these reasons we are not satisfied that BETWEEN DREAMS would have beaten LA VALETA if interference had not occurred.


Decision:

Accordingly, the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mrs S Hewetson - Trainer of BETWEEN DREAMS


JockeysandTrainer:


Otherperson:


PersonPresent: Mr R Hutchings - Rider of BETWEEN DREAMS, Mr V Colgan - Rider of LA VALETA, Mr M Williamson - Stipendiary Steward


Respondent: Mr T Cole - Trainer of LA VALETA


StipendSteward:


raceid: 836ac3e1403f3bad4c66ef03af009636


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: d5f3c1986aab3ba543771527203fae73


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2012


meet_title: Auckland RC - 29 December 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland RC