Archive Decision

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Auckland RC 12 March 2011- R 1 (instigating a protest)

ID: JCA13507

Applicant:
Mr H Kasim-Rider of VONUSTI

Respondent(s):
Mr B Wallace -Trainer of NO FEAR, Miss S Spratt - Rider of NO FEAR

Information Number:
076

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 12 March 2011

Meet Chair:
ADooley

Meet Committee Member 1:
NMoffatt

Meet Committee Member 2:
GTankard

Race Date:
2011/03/12

Race Number:
R1

Decision:

Accordingly the protest is dismissed and the judge's placings shall stand.

It was ordered the dividends and stakes be paid in accordance with the decision.

Facts:

Following race 1 Mr Kasim, rider of 3rd placed horse VONUSTI, lodged a protest pursuant to rule 642(1).He alleged that NO FEAR, placed 2nd by the judge caused interference to VONUSTI in the final straight.

The judges placings were as follows:

5 ALEGRIO 1st

8 NO FEAR 2nd

1 VONUSTI 3rd

3 MANDELA 4th

7 CAT WOMAN 5th

The offical margin between 2nd and 3rd was a head.

Submissions for Decision:

Mr Kasim demonstrated the video films which showed his horse VONUSTI racing in the trail at the 300 metres.He alleged that NO FEAR came out forcing him to take a hold of his mount and lose momentum.He believed if he had a clear run to the finish he would have finished 2nd.

Mrs Carter when asked for her submissions said she fully agreed with Mr Kasim.

Mr Wallace said he had no doubt his horse had come out but he believed it had no effect on the final placings.He said VONUSTI was under the stick and well off NO FEAR at the point of the alleged interference.He believed Mr Kasim should have gone for a run which was available along the inside of NO FEAR.

Miss Spratt said Mr Kasim was trying to push his way out and barely stopped riding VONUSTI.

Mr George when asked for his submisions said VONUSTI created a run for itself when angling out from the rails.He agreed that NO FEAR did move out however conceded it was 1 1/2 lengths clear of VONUSTI when doing so.He said he would leave it up to the committee to determine how much VONUSTI chances were afffected.

Mr Kasim when given the opportunity to sum up said he had nothing to add.

Reasons for Decision:

The committee carefully considered all evidence and submissions presented. We spent some time analysing the incident using all available video films. It was clear there was general jostling between several runners at the 300 metres, at this point VONUSTI was inclined to lay out. At the 200 metre mark VONUSTI was 1 1/2 lengths behind NO FEAR when been ridden forward with the whip and not making any ground. While we accept that VONUSTI was inconvenienced by NO FEAR for two strides at the 150 metre mark, any momentum that may have been lost was not sufficent to satisfy the committee that VONUSTI would have beaten NO FEAR 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: 3f46dc569551189fcdfb0f78a50da975


informantnumber: 076


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 24/02/2011


hearing_title: Auckland RC 12 March 2011- R 1 (instigating a protest)


charge:


facts:

Following race 1 Mr Kasim, rider of 3rd placed horse VONUSTI, lodged a protest pursuant to rule 642(1).He alleged that NO FEAR, placed 2nd by the judge caused interference to VONUSTI in the final straight.

The judges placings were as follows:

5 ALEGRIO 1st

8 NO FEAR 2nd

1 VONUSTI 3rd

3 MANDELA 4th

7 CAT WOMAN 5th

The offical margin between 2nd and 3rd was a head.


appealdecision:


isappeal:


submissionsfordecision:

Mr Kasim demonstrated the video films which showed his horse VONUSTI racing in the trail at the 300 metres.He alleged that NO FEAR came out forcing him to take a hold of his mount and lose momentum.He believed if he had a clear run to the finish he would have finished 2nd.

Mrs Carter when asked for her submissions said she fully agreed with Mr Kasim.

Mr Wallace said he had no doubt his horse had come out but he believed it had no effect on the final placings.He said VONUSTI was under the stick and well off NO FEAR at the point of the alleged interference.He believed Mr Kasim should have gone for a run which was available along the inside of NO FEAR.

Miss Spratt said Mr Kasim was trying to push his way out and barely stopped riding VONUSTI.

Mr George when asked for his submisions said VONUSTI created a run for itself when angling out from the rails.He agreed that NO FEAR did move out however conceded it was 1 1/2 lengths clear of VONUSTI when doing so.He said he would leave it up to the committee to determine how much VONUSTI chances were afffected.

Mr Kasim when given the opportunity to sum up said he had nothing to add.


reasonsfordecision:

The committee carefully considered all evidence and submissions presented. We spent some time analysing the incident using all available video films. It was clear there was general jostling between several runners at the 300 metres, at this point VONUSTI was inclined to lay out. At the 200 metre mark VONUSTI was 1 1/2 lengths behind NO FEAR when been ridden forward with the whip and not making any ground. While we accept that VONUSTI was inconvenienced by NO FEAR for two strides at the 150 metre mark, any momentum that may have been lost was not sufficent to satisfy the committee that VONUSTI would have beaten NO FEAR if interference had not occurred.


Decision:

Accordingly the protest is dismissed and the judge's placings shall stand.

It was ordered the dividends and stakes be paid in accordance with the decision.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr H Kasim-Rider of VONUSTI


JockeysandTrainer:


Otherperson:


PersonPresent: Mrs M Carter - Trainer of VONUSTI, Mr C George -Chief Stipendiary Steward


Respondent: Mr B Wallace -Trainer of NO FEAR, Miss S Spratt - Rider of NO FEAR


StipendSteward:


raceid: 88f1c3ba9d5df52c1a21f85f07604c04


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5b9477451a75b94c80da10d9414951b0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/03/2011


meet_title: Auckland RC - 12 March 2011


meet_expappcomment:


meet_km: [{"Comment": [], "kmprice": 58.280000000000001, "MemberID": "ADooley", "Member": "", "KMs": "94", "OtherExpenses": "0", "Total": 58.280000000000001, "MemberRole": "Chair ", "Approved": []}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "NMoffatt", "Member": "", "OtherExpenses": "132.00", "KMs": "0", "Total": "132.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMoffatt


meet_pm2: GTankard


name: Auckland RC