Auckland RC – 17 February 2007 –
ID: JCA21390
Hearing Type (Code):
thoroughbred-racing
Decision: --
Following race 5 a protest was lodged by Mr D Walsh pursuant to Rule 876(1) when he alleged that his mount, LA FORCE, placed 3rd by the judge, suffered interference from PENNY FLORENCE, placed 1st by the judge, over the last 100 metres.
--
Following race 5 a protest was lodged by Mr D Walsh pursuant to Rule 876(1) when he alleged that his mount, LA FORCE, placed 3rd by the judge, suffered interference from PENNY FLORENCE, placed 1st by the judge, over the last 100 metres.
--PENNY FLORENCE was represented by Mr N Harris and Mr J Sargent.
--LA FORCE was represented by Mr D Walsh and Mr M Baker.
--The margin was ? a head between 1st and 2nd, and a head between 2nd and 3rd.
--Mr D Walsh, informant and rider of LA FORCE, stated that he was always on the outside of PENNY FLORENCE as they progressed down the straight. At the 200 metre mark PENNY FLORENCE gradually moved out forcing LA FORCE over extra ground, culminating in contact being made at the 100 metre mark. He stopped riding, had no time to change his whip over, and, he claimed, was forced off his line by 2 ? horse widths. He demonstrated the incident on the head on video.
--Mr Baker said that it was clear on video evidence that his horse was forced over extra ground and was forced off it's entitled line.
--Mr Harris admitted that his mount, PENNY FLORENCE, did move out, that slight contact did occur, but that LA FORCE would not have beaten him
--Mr Sargent said that LA FORCE had every chance to beat his horse.
--Stipendary Steward Mr A Coles said that in his opinion PENNY FLORENCE moved out 2 ? ? 3 horse widths and in his opinion LA FORCE was taking ground from PENNY FLORENCE at the line.
--DECISION: The committee, after reviewing all evidence including head ? on and side ? on videos is in no doubt that interference did take place.
--We prefer the view by the rider and connections of LA FORCE that their horse was hindered by the outward movement of PENNY FLORENCE.
--Having concluded that PENNY FLORENCE interfered with the chances of LA FORCE we have discretion to relegate PENNY FLORENCE behind LA FORCE. There must be a valid reason to exercise our discretion to relegate that outweighs any reason to let placings stand.
--We have to consider whether LA FORCE was denied the chance of finishing ahead of the 2nd placed horse, SHIKOBA.
--In coming to our decision we have taken into account not only the affect that the interference had on LA FORCE, but also the way that all place getters were galloping to the line, and the judges margins.
--Accordingly, the protest is upheld and the placings will now be:
--1ST SHIKOBA
--2ND LA FORCE
--3RD PENNY FLORENCE
--4TH PENITENTIARY
----
--
D C Johnstone A Dooley
--CHAIRMAN
Decision Date: 17/02/2007
Publish Date: 17/02/2007
JCA Decision Fields (raw)
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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: ae7f8b0ad7111b1c591173e612995003
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 17/02/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland RC - 17 February 2007 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following race 5 a protest was lodged by Mr D Walsh pursuant to Rule 876(1) when he alleged that his mount, LA FORCE, placed 3rd by the judge, suffered interference from PENNY FLORENCE, placed 1st by the judge, over the last 100 metres.
--
Following race 5 a protest was lodged by Mr D Walsh pursuant to Rule 876(1) when he alleged that his mount, LA FORCE, placed 3rd by the judge, suffered interference from PENNY FLORENCE, placed 1st by the judge, over the last 100 metres.
--PENNY FLORENCE was represented by Mr N Harris and Mr J Sargent.
--LA FORCE was represented by Mr D Walsh and Mr M Baker.
--The margin was ? a head between 1st and 2nd, and a head between 2nd and 3rd.
--Mr D Walsh, informant and rider of LA FORCE, stated that he was always on the outside of PENNY FLORENCE as they progressed down the straight. At the 200 metre mark PENNY FLORENCE gradually moved out forcing LA FORCE over extra ground, culminating in contact being made at the 100 metre mark. He stopped riding, had no time to change his whip over, and, he claimed, was forced off his line by 2 ? horse widths. He demonstrated the incident on the head on video.
--Mr Baker said that it was clear on video evidence that his horse was forced over extra ground and was forced off it's entitled line.
--Mr Harris admitted that his mount, PENNY FLORENCE, did move out, that slight contact did occur, but that LA FORCE would not have beaten him
--Mr Sargent said that LA FORCE had every chance to beat his horse.
--Stipendary Steward Mr A Coles said that in his opinion PENNY FLORENCE moved out 2 ? ? 3 horse widths and in his opinion LA FORCE was taking ground from PENNY FLORENCE at the line.
--DECISION: The committee, after reviewing all evidence including head ? on and side ? on videos is in no doubt that interference did take place.
--We prefer the view by the rider and connections of LA FORCE that their horse was hindered by the outward movement of PENNY FLORENCE.
--Having concluded that PENNY FLORENCE interfered with the chances of LA FORCE we have discretion to relegate PENNY FLORENCE behind LA FORCE. There must be a valid reason to exercise our discretion to relegate that outweighs any reason to let placings stand.
--We have to consider whether LA FORCE was denied the chance of finishing ahead of the 2nd placed horse, SHIKOBA.
--In coming to our decision we have taken into account not only the affect that the interference had on LA FORCE, but also the way that all place getters were galloping to the line, and the judges margins.
--Accordingly, the protest is upheld and the placings will now be:
--1ST SHIKOBA
--2ND LA FORCE
--3RD PENNY FLORENCE
--4TH PENITENTIARY
----
--
D C Johnstone A Dooley
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 876.1
Informant:
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Otherperson:
PersonPresent:
Respondent:
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