Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Auckland RC 12 March 2016 – R 8 (instigating a protest) – Chair, Mrs N Moffatt

ID: JCA13542

Applicant:
N Tiley - Trainer of GIRL OF MY DREAMS

Respondent(s):
D Logan - Trainer of VOLKSTOK'N'BARRELL

Information Number:
A6946

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 12 March 2016

Meet Chair:
NMoffatt

Meet Committee Member 1:
ADooley

Race Date:
2016/03/12

Race Number:
R 8

Decision:

Accordingly the protest was dismissed and placings stand as called by the Judge.

Dividends were directed to be paid accordingly.

Facts:

Following Race 8, Bonecrusher New Zealand Stakes Group 1, a protest was lodged pursuant to Rule 642(1) by Mr N Tiley alleging that horse number 1 (VOLKSTOK’N’BARRELL) or its rider placed 1st by the Judge interfered with the chances of horse number 8 (GIRL OF MY DREAMS), placed 2nd by the Judge.

The information alleged interference in the final straight.

Judges placings were:

1st  VOLKSTOK’N’BARRELL (1)
2nd GIRL OF MY DREAMS (8)
3rd CONSENSUS (7)
4th STOLEN DANCE (6)
5th THE AULD FLOOZIE (10)

The official margin between 1st and 2nd was a nose.

Submissions for Decision:

Prior to any evidence being given the Stewards played all three available films of the incident and identified the runners concerned in the protest.

Mr Tiley used the head on view and pointed out where VOLKSTOK’N’BARRELL moved across, while under pressure, and made definite contact with GIRL OF MY DREAMS. He described the interference as a “decent shove” and said VOLKSTOK’N’BARRELL continued to move across intimidating GIRL OF MY DREAMS. He said the margin of a nose at the finish was significant.

Mr Turner, the rider of GIRL OF MY DREAMS, conceded that his horse initially ran out but said he stopped riding and corrected its line. VOLKSTOK’N’BARRELL then ran inwards and bumped him, which put him off balance for 1-2 strides. Following that contact he was carried in a further two horse widths by VOLKSTOK’N’BARRELL. Mr Turner believed GIRL OF MY DREAMS was fighting back at the finish.

Mrs Logan pointed out where GIRL OF MY DREAMS came across and caused interference to CONSENSUS pushing her out onto VOLKSTOK’N’BARRELL. This interference unbalanced VOLKSTOK’N’BARRELL causing him to move inwards. Mrs Logan said GIRL OF MY DREAMS did not change stride and Mr Turner never had to stop riding. She said, both horses were tiring and, while there was only a nose difference, both horses had plenty of space between them to the finish line and were able to keep their momentum up.

Mr Colgan said the interference began halfway down the straight when GIRL OF MY DREAMS moved CONSENSUS onto VOLKSTOK’N’BARRELL. He received a decent bump which turned his horse inwards, affecting his momentum and causing him to duck in where there was contact with GIRL OF MY DREAMS. Mr Colgan said he straightened up and from that point until the finish there was no further contact. He noted that Mr Turner never had to stop riding.

Mr C Gibbs said the interference originated from the inward movement of GIRL OF MY DREAMS. The bump from CONSENSUS unbalanced VOLKSTOK’N’BARRELL and caused him to roll inwards.

Mr Oatham was asked for the Stewards’ assessment of the incident. He used the films to show that, prior to the incident, VOLKSTOK’N’BARRELL came from behind GIRL OF MY DREAMS and was making ground on that runner. Further, the films supported the evidence given, that GIRL OF MY DREAMS moved across, causing CONSENSUS to make contact with the hindquarters of VOLKSTOK’N’BARRELL. He said the Judicial Committee had to determine whether or not that contact contributed to VOLKSTOK’N’BARRELL laying in. At approximately the 75m mark there was contact between GIRL OF MY DREAMS and VOLKSTOK’N’BARRELL but from that point onwards both runners were able to be ridden out to the line.

Mr Tiley commented that the incident with CONSENSUS had nothing to do with the protest. The contact between VOLKSTOK’N’BARRELL and GIRL OF MY DREAMS occurred well after that and was due to VOLKSTOK’N’BARRELL moving off its line. He urged the Committee to take note of the nose margin at the finish and the Group 1 status of the race.

Mr J Gibbs (part owner VOLKSTOK’N’BARRELL) was allowed the final word. He was brief and to the point. He said it was very obvious that GIRL OF MY DREAMS caused the initial interference. In addition both riders were able to ride right to the line and in his opinion the result should stand.

Reasons for Decision:

Rule 642(1) states:

If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another placed 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.

There were two incidents of interference outlined during the protest hearing. The first occurred, at approximately the 100m, when GIRL OF MY DREAMS shifted outwards into the line of CONSENSUS who in turn was forced onto the hindquarters of VOLKSTOK’N’BARRELL. CONSENSUS was buffeted between the two horses for several strides and as a consequence was squeezed out of the gap and lost ground. Mr Tiley stated that this interference had no bearing on the protest he lodged. The connections of VOLKSTOK’N’BARRELL argued that this incident was the catalyst for what followed.

Mr Tiley’s concern was with the second incident. At approximately the 75m mark, VOLKSTOK’N’BARRELL rolled inwards and made contact with GIRL OF MY DREAMS. Both horses continued to move inwards, but with space between them, from that point until the finish line. Mr Tiley submitted that the bump was a significant one and, in addition, VOLKSTOK’N’BARRELL had continued to “intimidate” GIRL OF MY DREAMS right through to the line.

The Committee looked firstly at the interference that occurred near the 100m. The rear view, in particular, showed the degree to which Mr Colgan’s horse became unbalanced shortly before rolling inwards and making contact with GIRL OF MY DREAMS. It was our opinion that this incident, in which GIRL OF MY DREAMS was the instigator, did in fact have some causative effect on VOLKSTOK’N’BARRELL’S inward movement soon after.

Looking next at the interference between VOLKSTOK’N’BARRELL and GIRL OF MY DREAMS. The contact was brief (approximately 1 stride) as Mr Colgan appeared to take immediate corrective action. There was 75m from that point until the finish and there was sufficient room between the two runners for each jockey to be fully able to ride their mounts out. There does not have to be physical contact between two horses for interference to have occurred however, after the initial bump, there was no video evidence to show that GIRL OF MY DREAMS had been hampered over those final stages. Although the margin was only a nose we were not completely satisfied that, had the minor interference not occurred, GIRL OF MY DREAMS would have finished ahead of VOLKSTOK’N’BARRELL.

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: 42efaa068f09303eb7943f588f8460cf


informantnumber: A6946


horsename: VOLKSTOK'N'BARRELL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/03/2016


hearing_title: Auckland RC 12 March 2016 - R 8 (instigating a protest) - Chair, Mrs N Moffatt


charge:


facts:

Following Race 8, Bonecrusher New Zealand Stakes Group 1, a protest was lodged pursuant to Rule 642(1) by Mr N Tiley alleging that horse number 1 (VOLKSTOK’N’BARRELL) or its rider placed 1st by the Judge interfered with the chances of horse number 8 (GIRL OF MY DREAMS), placed 2nd by the Judge.

The information alleged interference in the final straight.

Judges placings were:

1st  VOLKSTOK’N’BARRELL (1)
2nd GIRL OF MY DREAMS (8)
3rd CONSENSUS (7)
4th STOLEN DANCE (6)
5th THE AULD FLOOZIE (10)

The official margin between 1st and 2nd was a nose.


appealdecision:


isappeal:


submissionsfordecision:

Prior to any evidence being given the Stewards played all three available films of the incident and identified the runners concerned in the protest.

Mr Tiley used the head on view and pointed out where VOLKSTOK’N’BARRELL moved across, while under pressure, and made definite contact with GIRL OF MY DREAMS. He described the interference as a “decent shove” and said VOLKSTOK’N’BARRELL continued to move across intimidating GIRL OF MY DREAMS. He said the margin of a nose at the finish was significant.

Mr Turner, the rider of GIRL OF MY DREAMS, conceded that his horse initially ran out but said he stopped riding and corrected its line. VOLKSTOK’N’BARRELL then ran inwards and bumped him, which put him off balance for 1-2 strides. Following that contact he was carried in a further two horse widths by VOLKSTOK’N’BARRELL. Mr Turner believed GIRL OF MY DREAMS was fighting back at the finish.

Mrs Logan pointed out where GIRL OF MY DREAMS came across and caused interference to CONSENSUS pushing her out onto VOLKSTOK’N’BARRELL. This interference unbalanced VOLKSTOK’N’BARRELL causing him to move inwards. Mrs Logan said GIRL OF MY DREAMS did not change stride and Mr Turner never had to stop riding. She said, both horses were tiring and, while there was only a nose difference, both horses had plenty of space between them to the finish line and were able to keep their momentum up.

Mr Colgan said the interference began halfway down the straight when GIRL OF MY DREAMS moved CONSENSUS onto VOLKSTOK’N’BARRELL. He received a decent bump which turned his horse inwards, affecting his momentum and causing him to duck in where there was contact with GIRL OF MY DREAMS. Mr Colgan said he straightened up and from that point until the finish there was no further contact. He noted that Mr Turner never had to stop riding.

Mr C Gibbs said the interference originated from the inward movement of GIRL OF MY DREAMS. The bump from CONSENSUS unbalanced VOLKSTOK’N’BARRELL and caused him to roll inwards.

Mr Oatham was asked for the Stewards’ assessment of the incident. He used the films to show that, prior to the incident, VOLKSTOK’N’BARRELL came from behind GIRL OF MY DREAMS and was making ground on that runner. Further, the films supported the evidence given, that GIRL OF MY DREAMS moved across, causing CONSENSUS to make contact with the hindquarters of VOLKSTOK’N’BARRELL. He said the Judicial Committee had to determine whether or not that contact contributed to VOLKSTOK’N’BARRELL laying in. At approximately the 75m mark there was contact between GIRL OF MY DREAMS and VOLKSTOK’N’BARRELL but from that point onwards both runners were able to be ridden out to the line.

Mr Tiley commented that the incident with CONSENSUS had nothing to do with the protest. The contact between VOLKSTOK’N’BARRELL and GIRL OF MY DREAMS occurred well after that and was due to VOLKSTOK’N’BARRELL moving off its line. He urged the Committee to take note of the nose margin at the finish and the Group 1 status of the race.

Mr J Gibbs (part owner VOLKSTOK’N’BARRELL) was allowed the final word. He was brief and to the point. He said it was very obvious that GIRL OF MY DREAMS caused the initial interference. In addition both riders were able to ride right to the line and in his opinion the result should stand.


reasonsfordecision:

Rule 642(1) states:

If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another placed 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.

There were two incidents of interference outlined during the protest hearing. The first occurred, at approximately the 100m, when GIRL OF MY DREAMS shifted outwards into the line of CONSENSUS who in turn was forced onto the hindquarters of VOLKSTOK’N’BARRELL. CONSENSUS was buffeted between the two horses for several strides and as a consequence was squeezed out of the gap and lost ground. Mr Tiley stated that this interference had no bearing on the protest he lodged. The connections of VOLKSTOK’N’BARRELL argued that this incident was the catalyst for what followed.

Mr Tiley’s concern was with the second incident. At approximately the 75m mark, VOLKSTOK’N’BARRELL rolled inwards and made contact with GIRL OF MY DREAMS. Both horses continued to move inwards, but with space between them, from that point until the finish line. Mr Tiley submitted that the bump was a significant one and, in addition, VOLKSTOK’N’BARRELL had continued to “intimidate” GIRL OF MY DREAMS right through to the line.

The Committee looked firstly at the interference that occurred near the 100m. The rear view, in particular, showed the degree to which Mr Colgan’s horse became unbalanced shortly before rolling inwards and making contact with GIRL OF MY DREAMS. It was our opinion that this incident, in which GIRL OF MY DREAMS was the instigator, did in fact have some causative effect on VOLKSTOK’N’BARRELL’S inward movement soon after.

Looking next at the interference between VOLKSTOK’N’BARRELL and GIRL OF MY DREAMS. The contact was brief (approximately 1 stride) as Mr Colgan appeared to take immediate corrective action. There was 75m from that point until the finish and there was sufficient room between the two runners for each jockey to be fully able to ride their mounts out. There does not have to be physical contact between two horses for interference to have occurred however, after the initial bump, there was no video evidence to show that GIRL OF MY DREAMS had been hampered over those final stages. Although the margin was only a nose we were not completely satisfied that, had the minor interference not occurred, GIRL OF MY DREAMS would have finished ahead of VOLKSTOK’N’BARRELL.


Decision:

Accordingly the protest was dismissed and placings stand as called by the Judge.

Dividends were directed to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: N Tiley - Trainer of GIRL OF MY DREAMS


JockeysandTrainer:


Otherperson:


PersonPresent: Mr D Turner - Rider of GIRL OF MY DREAMS, Mr V Colgan - Rider of VOLKSTOK'N'BARRELL, Mr C Gibbs - Trainer of VOLKSTOK'N'BARRELL, Mr A Grierson - Owner of GIRL OF MY DREAMS, Mr J Oatham - Senior Stipendiary Steward, Mr M Williamson - Stipendiary Steward, Members of the Press/Trackside, Mr J Gibbs and Mr G Cossey - Owners of VOLKSTOK'N'BARRELL


Respondent: D Logan - Trainer of VOLKSTOK'N'BARRELL


StipendSteward:


raceid: 122eb8fd3099f730f51b9136a74b97ab


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cebdb3828b8091f7c435ef6230eb6e56


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/03/2016


meet_title: Auckland RC - 12 March 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC