Ashburton RC 18 December 2015 – R 5 (Instigating a Protest) – Chair, Mr S Ching
ID: JCA14025
Code:
Thoroughbred
Meet Title:
Ashburton RC - 18 December 2015
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2015/12/18
Race Number:
R5
Decision:
The protest was upheld and LOS CABOS was relegated to 4th place.
Consequent upon the relegation, the amended result for the race is as follows:
1st - OPIHI RANGER (1)
2nd - RIONIUS (7)
3rd - ALYTH (13)
4th - LOS CABOS (14)
5th - SERENGETTI SUN (2)
6th - RAPID RISE (6)
It was ordered that dividends and stakes be paid in accordance with the judge’s placings as set out above.
Facts:
Following the running of Race 5, the Dick, Gilbert, Norm & Ross @CATR Maiden 1400m, an Information Instigating a Protest was filed by Licensed Jockey, Mr C Johnson, alleging interference by 3rd placed LOS CABOS (14), ridden by Mr S Muniandy, to the 4th placed ALYTH (13), ridden by Mr C Johnson, in the home straight.
The Judges placings in this race were as follows.
1st - OPIHI RANGER (1)
2nd - RIONIUS (7)
3rd - LOS CABOS (14)
4th - ALYTH (13)
5th - SERENGETTI SUN (2)
6th - RAPID RISE (6)
Rule 642(1) provides as follows.
“If a placed horse or its Rider causes interference within the meaning of this Rule 642 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 ALYTH were represented at this hearing by Mr C Johnson with the connections of LOS CABOS being represented by Mrs J Hay, the trainer and Mr S Muniandy, the rider. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Johnson gave evidence and used video coverage to show that near the 300m his mount, ALYTH, had got up in behind the leaders and he had shifted out to a position 3 wide to challenge the front runners. He stated that he had been “bumped” from the inside on 3 occasions by LOS CABOS, who was trying to force a run on his inner. Mr Johnson said that he did not have to stop riding but could not use his whip due to him trying to hold his line and the close proximity of LOS CABOS. He said that his horse was having its 3rd start and was a little green. The official margin between 3rd and 4th was a nose.
Mrs Hay stated that they were both young horses and that her horse was having its second start. She said both were a bit green and that Mr Johnson never stopped riding his horse out. Mrs Hay submitted that LOS CABOS was more hampered than ALYTH, as Mr Muniandy never got to use his whip. She also said that LOS CABOS was full of running.
Mr Muniandy said that the inside horse was coming out on him which forced him to look for clear running on the inside of ALYTH. Mr Muniandy said that he was coming from behind and going better than ALYTH at the time and was approximately a head behind with Mr Johnson when he was shifting out and making contact.
Stipendiary Steward, Mr J McLaughlin, in giving his interpretation of the incident stated that, there had never been a clear run for Mr Muniandy to improve through on the inside of ALYTH and that there were 3 significant points of contact in this incident. He said that the rear on view shows ALYTH being forced outward well off its line with rider C Johnson being almost unbalanced when contacted by LOS CABOS. Mr McLaughlin submitted that the Stewards supported the protest by Mr Johnson.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling with the rear and head on video replays showing ALYTH being forced out by LOS CABOS who made significant contact with ALYTH on 3 occasions. These points of contact were sufficient to force ALYTH outwards off its rightful running line and which then allowed LOS CABOS to improve through on its inner. We found that these 3 points of significant contact were sufficient to unbalance ALYTH and clearly had an effect on the horse’s forward momentum. We were satisfied that had LOS CABOS not forced its way through on the inside of ALYTH and taken that horses rightful line, when there was insufficient room to do so, LOS CABOS would not have received the run that it did. By also taking into account the official margin of a nose we were satisfied that but for the inference received from LOS CABOS, ALYTH would have finished ahead of LOS CABOS.
We therefore determined that the protest be upheld.
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: 8e27b51f449672296e5df0961bc36d4f
informantnumber: A6358
horsename: LOS CABOS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/12/2015
hearing_title: Ashburton RC 18 December 2015 - R 5 (Instigating a Protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Dick, Gilbert, Norm & Ross @CATR Maiden 1400m, an Information Instigating a Protest was filed by Licensed Jockey, Mr C Johnson, alleging interference by 3rd placed LOS CABOS (14), ridden by Mr S Muniandy, to the 4th placed ALYTH (13), ridden by Mr C Johnson, in the home straight.
The Judges placings in this race were as follows.
1st - OPIHI RANGER (1)
2nd - RIONIUS (7)
3rd - LOS CABOS (14)
4th - ALYTH (13)
5th - SERENGETTI SUN (2)
6th - RAPID RISE (6)
Rule 642(1) provides as follows.
“If a placed horse or its Rider causes interference within the meaning of this Rule 642 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 ALYTH were represented at this hearing by Mr C Johnson with the connections of LOS CABOS being represented by Mrs J Hay, the trainer and Mr S Muniandy, the rider. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Johnson gave evidence and used video coverage to show that near the 300m his mount, ALYTH, had got up in behind the leaders and he had shifted out to a position 3 wide to challenge the front runners. He stated that he had been “bumped” from the inside on 3 occasions by LOS CABOS, who was trying to force a run on his inner. Mr Johnson said that he did not have to stop riding but could not use his whip due to him trying to hold his line and the close proximity of LOS CABOS. He said that his horse was having its 3rd start and was a little green. The official margin between 3rd and 4th was a nose.
Mrs Hay stated that they were both young horses and that her horse was having its second start. She said both were a bit green and that Mr Johnson never stopped riding his horse out. Mrs Hay submitted that LOS CABOS was more hampered than ALYTH, as Mr Muniandy never got to use his whip. She also said that LOS CABOS was full of running.
Mr Muniandy said that the inside horse was coming out on him which forced him to look for clear running on the inside of ALYTH. Mr Muniandy said that he was coming from behind and going better than ALYTH at the time and was approximately a head behind with Mr Johnson when he was shifting out and making contact.
Stipendiary Steward, Mr J McLaughlin, in giving his interpretation of the incident stated that, there had never been a clear run for Mr Muniandy to improve through on the inside of ALYTH and that there were 3 significant points of contact in this incident. He said that the rear on view shows ALYTH being forced outward well off its line with rider C Johnson being almost unbalanced when contacted by LOS CABOS. Mr McLaughlin submitted that the Stewards supported the protest by Mr Johnson.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling with the rear and head on video replays showing ALYTH being forced out by LOS CABOS who made significant contact with ALYTH on 3 occasions. These points of contact were sufficient to force ALYTH outwards off its rightful running line and which then allowed LOS CABOS to improve through on its inner. We found that these 3 points of significant contact were sufficient to unbalance ALYTH and clearly had an effect on the horse’s forward momentum. We were satisfied that had LOS CABOS not forced its way through on the inside of ALYTH and taken that horses rightful line, when there was insufficient room to do so, LOS CABOS would not have received the run that it did. By also taking into account the official margin of a nose we were satisfied that but for the inference received from LOS CABOS, ALYTH would have finished ahead of LOS CABOS.
We therefore determined that the protest be upheld.
Decision:
The protest was upheld and LOS CABOS was relegated to 4th place.
Consequent upon the relegation, the amended result for the race is as follows:
1st - OPIHI RANGER (1)
2nd - RIONIUS (7)
3rd - ALYTH (13)
4th - LOS CABOS (14)
5th - SERENGETTI SUN (2)
6th - RAPID RISE (6)
It was ordered that dividends and stakes be paid in accordance with the judge’s placings as set out above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr C Johnson - Class A Licensed Jockey
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J McLaughlin - Stipendiary Steward
Respondent: Mr S Muniandy - Class A Licensed Jockey, Mrs J Hay - Licensed Trainer
StipendSteward:
raceid: fd3cadc22daec02ce2b97b27625b7d60
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 37a7eefbea8209acd6966b95ac6a2f1b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/12/2015
meet_title: Ashburton RC - 18 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC