Auckland RC 12 January 2013 – R 6 (instigating a protest)
ID: JCA17388
Code:
Thoroughbred
Meet Title:
Auckland RC - 12 January 2013
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2013/01/12
Race Number:
R 6
Decision:
Accordingly the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
Facts:
Following the running of Race 6 an information Instigating a Protest was filed pursuant to Rule 642. The informant, Mr K Kelso, alleged that UNDISCLOSED placed 2nd by the judge interfered with the chances of his horse MAGIC BRIAR placed 4th. The interference was alleged to have occurred in the final straight.
The judge's placings were as follows:
1st - No. 5 SHANDREAM
2nd - No. 2 UNDISCLOSED
3rd - No. 8 STARGURU
4th - No. 6 MAGIC BRIAR
The official margins were 1 ¼ lengths, short neck and 1 ½ lengths.
Submissions for Decision:
Mr Kelso submitted that MAGIC BRIAR was stopped in its tracks at approximately the 300 metres when it went for a gap to the inside of UNDISCLOSED. He said that his horse had clear running until her momentum was stopped when UNDISCLOSED rolled in. He submitted that MAGIC BRIAR was running on strongly at the finish.
Mr Grylls submitted that he was in the trail and his mount was travelling well. He said he felt she was going to run into the race when UNDISCLOSED rolled in and stopped him in his tracks. He believed MAGIC BRIAR was making ground at the finish.
Mr McKay submitted that he felt there was a ¾ gap available for MAGIC BRIAR but she didn't want to take it. He believed she over reacted and got onto UNDISCLOSED heels which caused him to run in.
Mr Coleman submitted that there was a marginally gap available for MAGIC BRIAR however she shifted out and brushed UNDISCLOSED back end. He said his horse reacted to the brush by moving inwards.
Mr Williamson when asked for his assessment of the alleged interference submitted that at the 300 metres MAGIC BRIAR goes to make a run but shifts out slightly and was racing awkwardly behind UNDISCLOSED. He said there was not a great gap available however MAGIC BRIAR was racing ungenerously. He added that she finished well however the Stewards had some doubt that MAGIC BRIAR would have run 2nd because the margin between 2nd and 4th placing was approximately 1¾ lengths.
Mr Kelso in summing up submitted that UNDISCLOSED did move in and impeded the progress of MAGIC BRIAR.
Reasons for Decision:
The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 300 metre mark there was a marginal run available for MAGIC BRIAR. The head on film showed there was a clear run available for MAGIC BRIAR at the 250 metre mark. We observed that MAGIC BRIAR was reluctant to take the gap and she shifted out when racing ungenerously prior to UNDISCLOSED moving in. When MAGIC BRIAR does have clear running over the final 200 metres we are of the view that she makes up only ½ a length on UNDISCLOSED. It is significant that the official margin between the 2 horses at the finish was approximately 1¾ lengths.
For these reasons we are not satisfied that MAGIC BRIAR would have beaten UNDISCLOSED if interference had 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: dd83d9ea7e90090570bc6d953a18760e
informantnumber: A2078
horsename: UNDISLCOSED
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Auckland RC 12 January 2013 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6 an information Instigating a Protest was filed pursuant to Rule 642. The informant, Mr K Kelso, alleged that UNDISCLOSED placed 2nd by the judge interfered with the chances of his horse MAGIC BRIAR placed 4th. The interference was alleged to have occurred in the final straight.
The judge's placings were as follows:
1st - No. 5 SHANDREAM
2nd - No. 2 UNDISCLOSED
3rd - No. 8 STARGURU
4th - No. 6 MAGIC BRIAR
The official margins were 1 ¼ lengths, short neck and 1 ½ lengths.
appealdecision:
isappeal:
submissionsfordecision:
Mr Kelso submitted that MAGIC BRIAR was stopped in its tracks at approximately the 300 metres when it went for a gap to the inside of UNDISCLOSED. He said that his horse had clear running until her momentum was stopped when UNDISCLOSED rolled in. He submitted that MAGIC BRIAR was running on strongly at the finish.
Mr Grylls submitted that he was in the trail and his mount was travelling well. He said he felt she was going to run into the race when UNDISCLOSED rolled in and stopped him in his tracks. He believed MAGIC BRIAR was making ground at the finish.
Mr McKay submitted that he felt there was a ¾ gap available for MAGIC BRIAR but she didn't want to take it. He believed she over reacted and got onto UNDISCLOSED heels which caused him to run in.
Mr Coleman submitted that there was a marginally gap available for MAGIC BRIAR however she shifted out and brushed UNDISCLOSED back end. He said his horse reacted to the brush by moving inwards.
Mr Williamson when asked for his assessment of the alleged interference submitted that at the 300 metres MAGIC BRIAR goes to make a run but shifts out slightly and was racing awkwardly behind UNDISCLOSED. He said there was not a great gap available however MAGIC BRIAR was racing ungenerously. He added that she finished well however the Stewards had some doubt that MAGIC BRIAR would have run 2nd because the margin between 2nd and 4th placing was approximately 1¾ lengths.
Mr Kelso in summing up submitted that UNDISCLOSED did move in and impeded the progress of MAGIC BRIAR.
reasonsfordecision:
The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 300 metre mark there was a marginal run available for MAGIC BRIAR. The head on film showed there was a clear run available for MAGIC BRIAR at the 250 metre mark. We observed that MAGIC BRIAR was reluctant to take the gap and she shifted out when racing ungenerously prior to UNDISCLOSED moving in. When MAGIC BRIAR does have clear running over the final 200 metres we are of the view that she makes up only ½ a length on UNDISCLOSED. It is significant that the official margin between the 2 horses at the finish was approximately 1¾ lengths.
For these reasons we are not satisfied that MAGIC BRIAR would have beaten UNDISCLOSED if interference had not occurred.
Decision:
Accordingly the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642
Informant: Mr K Kelso - Trainer of MAGIC BRIAR
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Williamson - Stipendiary Steward, Mr C Grylls - Rider of MAGIC BRIAR, Mr M Coleman - Rider of UNDISCLOSED
Respondent: Mr P McKay - Trainer of UNDISCLOSED
StipendSteward:
raceid: 95afa667f8afbff7efd33a72f3c40a06
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c6878205f14a2fe61220b61efdd07fcb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2013
meet_title: Auckland RC - 12 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland RC