Archive Decision

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Waipa RC 9 October 2011 – R4 (instigating a protest)

ID: JCA16590

Applicant:
Mr T Russell - Rider of GIMME A FLYER

Respondent(s):
Mr G Brick - Owner/Trainer- MAGIC EPIC, Mr H Kasim - Rider of MAGIC EPIC

Information Number:
2151

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Waipa RC - 9 October 2011

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2011/10/09

Race Number:
R4

Decision:

Accordingly the protest is upheld and the placings are now

1st - no.9 GIMME A FLYER
2nd - no.3 MAGIC EPIC
3rd - no.7 CLOSE ENCOUNTER
4th - no.10 VITE FILLE
In conclusion we order the payment of stakes and dividends.

Facts:

Following the running of Race 4 Mr T Russell, rider of the second placed horse GIMME A FLYER, lodged a protest pursuant to Rule 642(1). He alleged that MAGIC EPIC, placed fist by the judge, caused interference to GIMME A FLYER in the final straight.

The judge’s placings were as follows:

1st - no.3 MAGIC EPIC
2nd - no.9 GIMME A FLYER
3rd - no. 7 CLOSE ENCOUNTER
4th - no.10 VITE FILLE

The official margin between 1st and 2nd was a short head.

Submissions for Decision:

Mr Russell demonstrated the alleged incident using the head on and side on video films. He said within the final 100 metres MAGIC EPIC has pushed his mount GIMME A FLYER off line by 4 horse widths when he needed to be going forward. He said MAGIC EPIC made contact with his mount, he believed without the contact he would have got the upper hand and won the race.

Mr Moorhead said the movement by MAGIC EPIC shifting out onto GIMME A FLYER in the final 100 metres was significant and said it cost his horse winning the race.

Mr Kasim said GIMME A FLYER did not lose momentum and the rider did not stop riding his mount. He said that MAGIC EPIC would still have beaten GIMME A FLYER without any outward movement.

Mr Donnison said the video films showed that over the final 200 metres GIMME A FLYER was making ground on MAGIC EPIC. He believed that his horse would have gone straight past MAGIC EPIC and definitely won the race if interference had not occurred.

Mr Davidson when asked for his assessment said it was clear on the video films that MAGIC EPIC shifted out 3 or 4 horse widths into the line of GIMME A FLYER over the concluding 100 metres. He said Mr Russell did not have to stop riding GIMME A FLYER.

Mr Russell when given the opportunity to sum up said he would have beaten MAGIC EPIC if interference had not occurred.

Reasons for Decision:

The committee carefully considered all evidence and submissions presented and reviewed the video films. We established that MAGIC EPIC shifts out approximately 4 horse widths within the final 100 metres. This resulted in MAGIC EPIC moving into GIMME A FLYER rightful running line and contact occurring for 4 strides. The video films clearly showed that GIMME A FLYER was making ground on MAGIC EPIC prior to the interference. A significant factor in our final decision was the official margin of a short head.

For these reasons we are satisfied that GIMME A FLYER would have beaten MAGIC EPIC had interference 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: c9cf46766b7077af64db1ffdf75ee51a


informantnumber: 2151


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 20/09/2011


hearing_title: Waipa RC 9 October 2011 - R4 (instigating a protest)


charge:


facts:

Following the running of Race 4 Mr T Russell, rider of the second placed horse GIMME A FLYER, lodged a protest pursuant to Rule 642(1). He alleged that MAGIC EPIC, placed fist by the judge, caused interference to GIMME A FLYER in the final straight.

The judge’s placings were as follows:

1st - no.3 MAGIC EPIC
2nd - no.9 GIMME A FLYER
3rd - no. 7 CLOSE ENCOUNTER
4th - no.10 VITE FILLE

The official margin between 1st and 2nd was a short head.


appealdecision:


isappeal:


submissionsfordecision:

Mr Russell demonstrated the alleged incident using the head on and side on video films. He said within the final 100 metres MAGIC EPIC has pushed his mount GIMME A FLYER off line by 4 horse widths when he needed to be going forward. He said MAGIC EPIC made contact with his mount, he believed without the contact he would have got the upper hand and won the race.

Mr Moorhead said the movement by MAGIC EPIC shifting out onto GIMME A FLYER in the final 100 metres was significant and said it cost his horse winning the race.

Mr Kasim said GIMME A FLYER did not lose momentum and the rider did not stop riding his mount. He said that MAGIC EPIC would still have beaten GIMME A FLYER without any outward movement.

Mr Donnison said the video films showed that over the final 200 metres GIMME A FLYER was making ground on MAGIC EPIC. He believed that his horse would have gone straight past MAGIC EPIC and definitely won the race if interference had not occurred.

Mr Davidson when asked for his assessment said it was clear on the video films that MAGIC EPIC shifted out 3 or 4 horse widths into the line of GIMME A FLYER over the concluding 100 metres. He said Mr Russell did not have to stop riding GIMME A FLYER.

Mr Russell when given the opportunity to sum up said he would have beaten MAGIC EPIC if interference had not occurred.


reasonsfordecision:

The committee carefully considered all evidence and submissions presented and reviewed the video films. We established that MAGIC EPIC shifts out approximately 4 horse widths within the final 100 metres. This resulted in MAGIC EPIC moving into GIMME A FLYER rightful running line and contact occurring for 4 strides. The video films clearly showed that GIMME A FLYER was making ground on MAGIC EPIC prior to the interference. A significant factor in our final decision was the official margin of a short head.

For these reasons we are satisfied that GIMME A FLYER would have beaten MAGIC EPIC had interference not occurred.


Decision:

Accordingly the protest is upheld and the placings are now

1st - no.9 GIMME A FLYER
2nd - no.3 MAGIC EPIC
3rd - no.7 CLOSE ENCOUNTER
4th - no.10 VITE FILLE
In conclusion we order the payment of stakes and dividends.

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr T Russell - Rider of GIMME A FLYER


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Davidson- Stipendiary Steward, Mr R Moorhead - Owner of GIMME A FLYER, Mr R Donnison - Trainer of GIMME A FLYER


Respondent: Mr G Brick - Owner/Trainer- MAGIC EPIC, Mr H Kasim - Rider of MAGIC EPIC


StipendSteward:


raceid: 1f5b7f4f5f064d589bdc6225f312152b


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: a3a72c57c71518e01843ca3332cc89e5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/10/2011


meet_title: Waipa RC - 9 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Waipa RC