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Waikato RC 8 November 2014 – R 6 (instigating a protest)

ID: JCA16685

Applicant:
Mr N Harris-Rider of CASILLAS

Respondent(s):
Mr R Collet-Trainer of CARTELL

Information Number:
A6600

Hearing Type:
Protest

Rules:
Rule 642(1)

Code:
Thoroughbred

Meet Title:
Waikato RC - 8 November 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
RSeabrook

Race Date:
2014/11/08

Race Number:
R6

Decision:

The protest is dismissed and the Judge's placings shall stand.

The Committee orders the payment of stakes and dividends as per the Judge's placings.

Facts:

Following the running of Race 6, DASHTICKETS.CO.NZ 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant Mr Harris alleged that CARTELL placed 3rd by the Judge interfered with the chances of CASILLAS placed 4th by the Judge.

The interference was alleged to have taken place near the 700m.

The Judge's placings were as follows:

1st-    ONLYAROSE

2nd-   FASCINATION STREET

3rd-   CARTELL

4th-   CASILLAS

The official margin between 3rd and 4th was one and a quarter lengths.

Rule 642(1) provides: ' 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 parties present acknowledged that they understood this Rule.

Submissions for Decision:

Mr Harris submitted that at about the 700m the horse CARTELL ridden by Ms Moki had been ahead of him by a bare length and on his outer. He said that CARTELL made a sudden movement across onto his horse CASILLAS causing him to take a severe hold on that horse. In doing so Mr Harris said that he lost at least 2 lengths. He added that as the margin between the two horses at the finish was only one and a quarter lengths he had no doubt he would have finished 3rd had this interference not occurred. Mr Harris added that on firm tracks as had prevailed that day horses can take longer to recover from checks from other horses.

Mr J Collett, appearing for the connections of CARTELL used the available films to point out that the horse ONLYAROSE (Ms A Jones) was dictating CARTELL inwards which had put pressure on  CASILLAS. He stated that CARTELL had nowhere else to go. He added that after this incident CASILLAS had been under a hard ride from Mr Harris and in his opinion it was debatable if it would have beaten CARTELL under any cirumstances as it was not making much ground on CARTELL during the home home straight.

Mr Cruz, trainer of CASILLAS stated that he was satisfied with his rider's version of events and had nothing to add.

Ms Moki also stated that she agreed with Mr J Collett who was deputising for the connections of her mount CARTELL.

Mr Oatham, for the Stipendiary Stewards, stated that it was clear from the video evidence that Mr Harris had received a check near the 700m. He added that the Stewards conceded that this check could have cost his mount between one and a half and two lengths and also some momentum in the running. However he emphasised that this incident took place a long way from the finish and that the Stewards could not support the protest. He added that the Committee should consider what effect the inwards movement from ONLYAROSE had on CARTELL. 

In summary Mr Harris repeated that the incident cost his mount 3rd placing as the two lengths he lost was more than the margin between his mount and the 3rd horse.

Mr Collett confirmed his opinion that CARTELL would have beaten CASILLAS for 3rd place in any event and that the incident was too far from the finish to have any real effect.

Reasons for Decision:

The Committee carefully considered the available video evidence and submissions of the parties.

It was clear from the films that Mr Harris had received a fairly severe check at about the 700m mark. It was also clear that this check was as a result of pressure from CARTELL which was in turn under pressure from the eventual winner ONLYAROSE.

The Committee was mindful of the fact that the distance between the subject horses at the finish was one and a quarter lengths. It was clear that after this incident near the 700m mark the horse CASILLAS was under a fairly rigorous ride from Mr Harris but only made up about a half length on the 3rd horse.

The essential element of the subject Rule is that the Committee must be of the opinion that the horse interfered with ' would have' finished ahead of the horse which caused any interference. 

It is the opinion of this Committee that while some interference did occur it was too far from the finish and the margins between the horses involved was too great to justify any alteration to the 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: d4a419cf927508d2e97426aa235115e6


informantnumber: A6600


horsename: CARTELL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 01/11/2014


hearing_title: Waikato RC 8 November 2014 - R 6 (instigating a protest)


charge:


facts:

Following the running of Race 6, DASHTICKETS.CO.NZ 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant Mr Harris alleged that CARTELL placed 3rd by the Judge interfered with the chances of CASILLAS placed 4th by the Judge.

The interference was alleged to have taken place near the 700m.

The Judge's placings were as follows:

1st-    ONLYAROSE

2nd-   FASCINATION STREET

3rd-   CARTELL

4th-   CASILLAS

The official margin between 3rd and 4th was one and a quarter lengths.

Rule 642(1) provides: ' 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 parties present acknowledged that they understood this Rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr Harris submitted that at about the 700m the horse CARTELL ridden by Ms Moki had been ahead of him by a bare length and on his outer. He said that CARTELL made a sudden movement across onto his horse CASILLAS causing him to take a severe hold on that horse. In doing so Mr Harris said that he lost at least 2 lengths. He added that as the margin between the two horses at the finish was only one and a quarter lengths he had no doubt he would have finished 3rd had this interference not occurred. Mr Harris added that on firm tracks as had prevailed that day horses can take longer to recover from checks from other horses.

Mr J Collett, appearing for the connections of CARTELL used the available films to point out that the horse ONLYAROSE (Ms A Jones) was dictating CARTELL inwards which had put pressure on  CASILLAS. He stated that CARTELL had nowhere else to go. He added that after this incident CASILLAS had been under a hard ride from Mr Harris and in his opinion it was debatable if it would have beaten CARTELL under any cirumstances as it was not making much ground on CARTELL during the home home straight.

Mr Cruz, trainer of CASILLAS stated that he was satisfied with his rider's version of events and had nothing to add.

Ms Moki also stated that she agreed with Mr J Collett who was deputising for the connections of her mount CARTELL.

Mr Oatham, for the Stipendiary Stewards, stated that it was clear from the video evidence that Mr Harris had received a check near the 700m. He added that the Stewards conceded that this check could have cost his mount between one and a half and two lengths and also some momentum in the running. However he emphasised that this incident took place a long way from the finish and that the Stewards could not support the protest. He added that the Committee should consider what effect the inwards movement from ONLYAROSE had on CARTELL. 

In summary Mr Harris repeated that the incident cost his mount 3rd placing as the two lengths he lost was more than the margin between his mount and the 3rd horse.

Mr Collett confirmed his opinion that CARTELL would have beaten CASILLAS for 3rd place in any event and that the incident was too far from the finish to have any real effect.


reasonsfordecision:

The Committee carefully considered the available video evidence and submissions of the parties.

It was clear from the films that Mr Harris had received a fairly severe check at about the 700m mark. It was also clear that this check was as a result of pressure from CARTELL which was in turn under pressure from the eventual winner ONLYAROSE.

The Committee was mindful of the fact that the distance between the subject horses at the finish was one and a quarter lengths. It was clear that after this incident near the 700m mark the horse CASILLAS was under a fairly rigorous ride from Mr Harris but only made up about a half length on the 3rd horse.

The essential element of the subject Rule is that the Committee must be of the opinion that the horse interfered with ' would have' finished ahead of the horse which caused any interference. 

It is the opinion of this Committee that while some interference did occur it was too far from the finish and the margins between the horses involved was too great to justify any alteration to the placings.


Decision:

The protest is dismissed and the Judge's placings shall stand.

The Committee orders the payment of stakes and dividends as per the Judge's placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 642(1)


Informant: Mr N Harris-Rider of CASILLAS


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Collet-for connections of CARTELL, Mr T Cruz-Trainer of CASILLAS, Ms Z Moki-rider of CARTELL, Mr J Oatham-Stipendiary Steward


Respondent: Mr R Collet-Trainer of CARTELL


StipendSteward:


raceid: d13cbe434393db29b84cf6a89e90aa67


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d24ca2134ec0106261831ddd1321b628


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2014


meet_title: Waikato RC - 8 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC