Archive Decision

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R Tauranga 23 June 2012 – R 4 (instigating a protest)

ID: JCA17343

Applicant:
Mrs S Wright - Trainer of FLAVOUR FLAV

Respondent(s):
Mrs S McGlade - Trainer of MONI NUI

Information Number:
A4516

Hearing Type:
Protest

Rules:
642

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 23 June 2012

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2012/06/23

Race Number:
R 4

Decision:

Accordingly, the protest is upheld and the amended placings are now:

1st No. 12 HIGH KIN
2nd No. 14 GEE OH
2nd No. 4 FLAVOUR FLAV
4th No. 5 MONI NUI

In conclusion we order the payment of stakes and dividends in accordance with the amended placings.

Facts:

Following the running of Race 4 an information Instigating a Protest was filed pursuant to Rule 642. The informant, Mrs Wright, alleged that MONI NUI placed 1st by the judge caused interference to her horse FLAVOUR FLAV placed 4th by the judge. The interference was alleged to have occurred near the 400 metres.

The judge's placings were as follows:

1st No. 5 MONI NUI
2nd No. 12 HIGH KIN
3rd No. 14 GEE OH
3rd No. 4 FLAVOUR FLAV

The official margin between 1st and 2nd was a neck, with a head between 2nd and 3rd.

A dead heat between No. 4 and No. 14 was declared for third place.

Submissions for Decision:

Mrs Wright said it was clear on the video films that MONI NUI comes around the turn on a sideways angle pushing FLAVOUR FLAV out over extra ground for approximately 50 metres. Mrs Wright stated to the committee her concerns were it caused Ms Collett to stop riding FLAVOUR FLAV.

Ms Collett told the committee that she had received buffeting from MONI NUI on the point of the turn when it was only ½ a length clear of FLAVOUR FLAV. She said her mount was forced over extra ground and that she then took a while to get going again. She believed the incident cost her 2 lengths.

Mr Forbes conceded that interference did occur at the 400 metre mark. He said he came out about 4 horse widths and was of the opinion that the other horses had their opportunity to beat him in the straight. He said he was confident MONI NUI was going to win the race.

Mrs McGlade said MONI NUI was angling out on the point of the turn and felt that FLAVOUR FLAV rider caused her mount to shift back in. She said all horses were racing wide in search of better ground. She said the other runners had the length of the straight to catch up and in this ground everything that happens is exaggerated.

In response to a question from the committee Mr Forbes acknowledged that MONI NUI did come out and take the rightful running line of FLAVOUR FLAV.

Mr Williamson when asked for his assessment on the alleged interference said that it was clear on the video films that MONI NUI does shift outwards when not sufficiently clear of FLAVOUR FLAV. This resulted in contact being made between the 2 horses and FLAVOUR FLAV being impeded. He said FLAVOUR FLAV then became unbalanced and lost momentum and supported the protest be upheld because of the close margins at the finish.

Reasons for Decision:

The committee carefully considered all evidence and submissions presented and reviewed the video films several times. The key reasons for our decision are as follows, the video films clearly showed that MONI NUI did shift out when not the required distance clear of FLAVOUR FLAV. It was significant that FLAVOUR FLAV was forced 4 to 5 horse widths out of its rightful running line at the 400 metre mark. This continued for 50 metres which resulted in Ms Collett having to stop riding her mount, once balanced up again FLAVOUR FLAV does finish the race off well. Finally, the committee is of the view that the interference FLAVOUR FLAV received cost it more than the ½ length margin between the two runners at the finish.

For these reasons the committee is satisfied that FLAVOUR FLAV would have beaten MONI NUI 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: fbd7d937de9d5a58a2b0fcb092f7e972


informantnumber: A4516


horsename: MONI NUI


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 15/06/2012


hearing_title: R Tauranga 23 June 2012 - R 4 (instigating a protest)


charge:


facts:

Following the running of Race 4 an information Instigating a Protest was filed pursuant to Rule 642. The informant, Mrs Wright, alleged that MONI NUI placed 1st by the judge caused interference to her horse FLAVOUR FLAV placed 4th by the judge. The interference was alleged to have occurred near the 400 metres.

The judge's placings were as follows:

1st No. 5 MONI NUI
2nd No. 12 HIGH KIN
3rd No. 14 GEE OH
3rd No. 4 FLAVOUR FLAV

The official margin between 1st and 2nd was a neck, with a head between 2nd and 3rd.

A dead heat between No. 4 and No. 14 was declared for third place.


appealdecision:


isappeal:


submissionsfordecision:

Mrs Wright said it was clear on the video films that MONI NUI comes around the turn on a sideways angle pushing FLAVOUR FLAV out over extra ground for approximately 50 metres. Mrs Wright stated to the committee her concerns were it caused Ms Collett to stop riding FLAVOUR FLAV.

Ms Collett told the committee that she had received buffeting from MONI NUI on the point of the turn when it was only ½ a length clear of FLAVOUR FLAV. She said her mount was forced over extra ground and that she then took a while to get going again. She believed the incident cost her 2 lengths.

Mr Forbes conceded that interference did occur at the 400 metre mark. He said he came out about 4 horse widths and was of the opinion that the other horses had their opportunity to beat him in the straight. He said he was confident MONI NUI was going to win the race.

Mrs McGlade said MONI NUI was angling out on the point of the turn and felt that FLAVOUR FLAV rider caused her mount to shift back in. She said all horses were racing wide in search of better ground. She said the other runners had the length of the straight to catch up and in this ground everything that happens is exaggerated.

In response to a question from the committee Mr Forbes acknowledged that MONI NUI did come out and take the rightful running line of FLAVOUR FLAV.

Mr Williamson when asked for his assessment on the alleged interference said that it was clear on the video films that MONI NUI does shift outwards when not sufficiently clear of FLAVOUR FLAV. This resulted in contact being made between the 2 horses and FLAVOUR FLAV being impeded. He said FLAVOUR FLAV then became unbalanced and lost momentum and supported the protest be upheld because of the close margins at the finish.


reasonsfordecision:

The committee carefully considered all evidence and submissions presented and reviewed the video films several times. The key reasons for our decision are as follows, the video films clearly showed that MONI NUI did shift out when not the required distance clear of FLAVOUR FLAV. It was significant that FLAVOUR FLAV was forced 4 to 5 horse widths out of its rightful running line at the 400 metre mark. This continued for 50 metres which resulted in Ms Collett having to stop riding her mount, once balanced up again FLAVOUR FLAV does finish the race off well. Finally, the committee is of the view that the interference FLAVOUR FLAV received cost it more than the ½ length margin between the two runners at the finish.

For these reasons the committee is satisfied that FLAVOUR FLAV would have beaten MONI NUI had interference not occurred.


Decision:

Accordingly, the protest is upheld and the amended placings are now:

1st No. 12 HIGH KIN
2nd No. 14 GEE OH
2nd No. 4 FLAVOUR FLAV
4th No. 5 MONI NUI

In conclusion we order the payment of stakes and dividends in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642


Informant: Mrs S Wright - Trainer of FLAVOUR FLAV


JockeysandTrainer:


Otherperson:


PersonPresent: Mr A Forbes - Apprentice Rider of MONI NUI, Ms A Collett - Rider of FLAVOUR FLAV, Mr W Hillis - assisting Mr Forbes, Mr D Ryan - Journalist, Mr M Williamson - Stipendiary Steward


Respondent: Mrs S McGlade - Trainer of MONI NUI


StipendSteward:


raceid: 423626769d341b4568c2b076b4be17d4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 63fc0e55b450a9afb34a37891ade442a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/06/2012


meet_title: Racing Tauranga - 23 June 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Racing Tauranga