Archive Decision

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Banks Peninsula RC 3 April 2012 – R 1 (instigating a protest)

ID: JCA17944

Applicant:
Mr PD Harris - Trainer

Respondent(s):
Mrs JT Hay - Trainer, Miss RM Direen - Apprentice Jockey rider of DR DEE BEE

Information Number:
A5359

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Banks Peninsula RC - 3 April 2012

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2012/04/03

Race Number:
R 1

Decision:

The protest was upheld and “Dr Dee Bee” was relegated to 4th place behind “Sandfly”.

Consequent upon the relegation, the amended result for the race is as follows:
1st - Howbaddouneedit (3)
2nd - Sandie (13)
3rd - Sandfly (5)
4th - Dr Dee Bee (1)
5th - Diplomacy (10)
6th - Saw Her Walkin By (12)

It was ordered that dividends and stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 1, the Ray White Real Estate Rating 75 1400 Metres, an Information Instigating a Protest was filed by Trainer Mr P D Harris alleging interference by 3rd placed horse “Dr Dee Bee” (1), ridden by Miss T M Direen, to the 4th placed “Sandfly” (5), ridden by Miss C Spittles.

The Judges placings in this race were as follows.
1st - Howbaddouneedit (3)
2nd - Sandie (13)
3rd - Dr Dee Bee (1)
4th - Sandfly (5)
5th - Diplomacy (10)
6th - Saw Her Walkin By (12)

The Information reads as follows:
That horse number 1, or its rider, placed 3rd by the Judge, interfered with the chances of horse number 5, placed 4th by the Judge, as detailed below;
In that the chances of “Sandfly” were affected by “Dr Dee Bee” shifting outwards in the run home.

Rule 642(1) provides as follows.
If a placed horse or its Rider causes interference within the meaning of this Rule642 to another 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.

The connections of “Sandfly” were represented at this hearing by Mr PD Harris, the trainer, and Mrs J T Hay, the trainer of “Dr Dee Bee”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.

Submissions for Decision:

Mr Harris gave evidence and used video coverage to show that from the 450m “Dr Dee Bee” had shifted ground outwards over the final straight dictating the line of “Sandfly”, who was racing on the outer and trying to improve past. He also pointed out that Miss Spittles had to stop riding on at least on one occasion near the 300m due to “Dr Dee Bee’s” outward movement.

Miss Spittles submitted that she had been attempting to get past “Dr Dee Bee” from near the 450m where it began to shift ground outwards, had been dictated outwards over in the final straight and had to stop riding near the 300m when “Dr Dee Bee’ continued to shift out.

Mr Harris submitted that, as the official margin was ½ a head, he believed that “Sandfly” would have finished ahead of “Dr Dee Bee” had interference not occurred.

Mrs Hay submitted that “Dr Dee Bee’ had no doubt shifted out on the home turn but that this was too far from the finish to have any effect on the placings. She also submitted that the interference in the straight was very minor in her opinion.

Miss Direen stated that “Dr Dee Bee” had been laying out from the 800m and had got close to “Sandfly” in the final straight. She submitted that she had realised that “Dr Dee Bee” was shifting out and had stopped riding and straightened her mount, opting to push the horse out over the final stages without using the whip.

Stipendiary Steward, Mr J McLaughlin, in giving his interpretation of the incident stated that, there was no doubt “Dr Dee Bee”, had drifted out from the 450m and that Miss Direen had stopped riding and straightened her mount and stopped using the whip. He submitted that he would leave it up to the Committee as to whether the interference that had occurred was sufficient to uphold the protest.

Reasons for Decision:

We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling with the side on and head on video replays showing steady movement outwards from “Dr Dee Bee” from the 450m which continually dictated “Sandfly” outwards on the track when that horse was attempting to improve past. It also showed Miss Spittles having to stop riding momentarily near the 300m when “Dr Dee Bee” continued on its outward movement.

Miss Direen stated that “Dr Dee Bee” had hung out from the 800m and she had stopped riding and straightened the horse near the 300m. After consideration of all evidence presented in conjunction with the official margin of ½ a head, the Committee was satisfied that interference had occurred to “Sandfly” over the concluding stages by “Dr Dee Bee” and that had “Sandfly” not suffered said interference that “Sandfly” would have finished ahead of “Dr Dee Bee”, in 3rd place.

It was decided that to the protest be upheld and that “Dr Dee Bee” be relegated to 4th place.

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: db59fe3df96cfa503e5f12e1df7bab15


informantnumber: A5359


horsename: DR DEE BEE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 02/04/2012


hearing_title: Banks Peninsula RC 3 April 2012 - R 1 (instigating a protest)


charge:


facts:

Following the running of Race 1, the Ray White Real Estate Rating 75 1400 Metres, an Information Instigating a Protest was filed by Trainer Mr P D Harris alleging interference by 3rd placed horse “Dr Dee Bee” (1), ridden by Miss T M Direen, to the 4th placed “Sandfly” (5), ridden by Miss C Spittles.

The Judges placings in this race were as follows.
1st - Howbaddouneedit (3)
2nd - Sandie (13)
3rd - Dr Dee Bee (1)
4th - Sandfly (5)
5th - Diplomacy (10)
6th - Saw Her Walkin By (12)

The Information reads as follows:
That horse number 1, or its rider, placed 3rd by the Judge, interfered with the chances of horse number 5, placed 4th by the Judge, as detailed below;
In that the chances of “Sandfly” were affected by “Dr Dee Bee” shifting outwards in the run home.

Rule 642(1) provides as follows.
If a placed horse or its Rider causes interference within the meaning of this Rule642 to another 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.

The connections of “Sandfly” were represented at this hearing by Mr PD Harris, the trainer, and Mrs J T Hay, the trainer of “Dr Dee Bee”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.


appealdecision:


isappeal:


submissionsfordecision:

Mr Harris gave evidence and used video coverage to show that from the 450m “Dr Dee Bee” had shifted ground outwards over the final straight dictating the line of “Sandfly”, who was racing on the outer and trying to improve past. He also pointed out that Miss Spittles had to stop riding on at least on one occasion near the 300m due to “Dr Dee Bee’s” outward movement.

Miss Spittles submitted that she had been attempting to get past “Dr Dee Bee” from near the 450m where it began to shift ground outwards, had been dictated outwards over in the final straight and had to stop riding near the 300m when “Dr Dee Bee’ continued to shift out.

Mr Harris submitted that, as the official margin was ½ a head, he believed that “Sandfly” would have finished ahead of “Dr Dee Bee” had interference not occurred.

Mrs Hay submitted that “Dr Dee Bee’ had no doubt shifted out on the home turn but that this was too far from the finish to have any effect on the placings. She also submitted that the interference in the straight was very minor in her opinion.

Miss Direen stated that “Dr Dee Bee” had been laying out from the 800m and had got close to “Sandfly” in the final straight. She submitted that she had realised that “Dr Dee Bee” was shifting out and had stopped riding and straightened her mount, opting to push the horse out over the final stages without using the whip.

Stipendiary Steward, Mr J McLaughlin, in giving his interpretation of the incident stated that, there was no doubt “Dr Dee Bee”, had drifted out from the 450m and that Miss Direen had stopped riding and straightened her mount and stopped using the whip. He submitted that he would leave it up to the Committee as to whether the interference that had occurred was sufficient to uphold the protest.


reasonsfordecision:

We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling with the side on and head on video replays showing steady movement outwards from “Dr Dee Bee” from the 450m which continually dictated “Sandfly” outwards on the track when that horse was attempting to improve past. It also showed Miss Spittles having to stop riding momentarily near the 300m when “Dr Dee Bee” continued on its outward movement.

Miss Direen stated that “Dr Dee Bee” had hung out from the 800m and she had stopped riding and straightened the horse near the 300m. After consideration of all evidence presented in conjunction with the official margin of ½ a head, the Committee was satisfied that interference had occurred to “Sandfly” over the concluding stages by “Dr Dee Bee” and that had “Sandfly” not suffered said interference that “Sandfly” would have finished ahead of “Dr Dee Bee”, in 3rd place.

It was decided that to the protest be upheld and that “Dr Dee Bee” be relegated to 4th place.


Decision:

The protest was upheld and “Dr Dee Bee” was relegated to 4th place behind “Sandfly”.

Consequent upon the relegation, the amended result for the race is as follows:
1st - Howbaddouneedit (3)
2nd - Sandie (13)
3rd - Sandfly (5)
4th - Dr Dee Bee (1)
5th - Diplomacy (10)
6th - Saw Her Walkin By (12)

It was ordered that dividends and stakes be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr PD Harris - Trainer


JockeysandTrainer:


Otherperson:


PersonPresent: Mr PD Harris, Miss CL Spittles - rider of SANDFLY, Mrs JT Hay, Miss TM Direen


Respondent: Mrs JT Hay - Trainer, Miss RM Direen - Apprentice Jockey rider of DR DEE BEE


StipendSteward:


raceid: 05d08b07bbaf71885a1d782f9de67da0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cf1c2bf1c2d78cd49f0d76106535a229


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/04/2012


meet_title: Banks Peninsula RC - 3 April 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Banks Peninsula RC