Archive Decision

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Auckland RC 16 March 2017 – R 7 (instigating a protest) – Chair, Mr N McCutcheon

ID: JCA16739

Applicant:
Mr C Gibbs - co-Trainer of COMIN'THROUGH

Respondent(s):
Mr T Pike - Trainer of BLUE LAGOON

Information Number:
A8682

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 16 March 2017

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
ADooley

Race Date:
2017/03/16

Race Number:
R 7

Decision:

The Protest was upheld.

The placings now read:

1st No.6 COMIN’THROUGH
2nd No.9 BLUE LAGOON
3rd No.13 COOL TART
4th No. 10 SYMPHONIC
5th No.5 EL DISPARO

Authorisation was given for payment of dividends and prize money to be paid in accordance with the amended placings.

Facts:

Following the running of Race 7 (Swisse Wellness Trophy) Information No. A8682 was filed with the Judicial Committee. It was alleged by Mr Gibbs that BLUE LAGOON, placed 1st by the Judge, interfered with the chances of his horse COMIN’THROUGH in the final straight.

The Judge’s placings were:

1st: BLUE LAGOON (No.9)
2nd COMIN’THROUGH (No.6)
3rd COOL TART (No.13)
4th SYMPHONIC (No.10)
5th EL DISPARO (No.5)

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

Rule 642(1) provides:

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.

Submissions for Decision:

After viewing the films Mr Gibbs said that BLUE LAGOON veered out near the 200m, that contact was made with his horse and his horse was forced out and that it was held up a little between BLUE LAGOON and COOL TART. He added that it was significant that his Jockey (Mr Innes) could not use the whip for a few strides. He said as the margin was only a nose, what had happened cost his horse the race.

Mr Innes (COMIN’THROUGH) said that Vinnie (Colgan) came out, that contact was made with his horse, that he was not able to hit his horse for two strides and said because of the Nose margin it had cost him the race.

Mr Pike (BLUE LAGOON) said that his horse did come out and that there was minimal contact. He said that on viewing the rear film that COOL TART, racing on the outside, had shifted in more than BLUE LAGOON had shifted out. He said that Mr Colgan had stopped riding with the stick and only rode hands and heels and that his horse was half a length behind COMIN’THROUGH at the 200m and that in his opinion the best horse still won the race. He added that COOL TART shifted in two horse-widths and that his horse had only shifted out half a horse width. In conclusion he said that taking all matters into consideration that this horse (BLUE LAGOON) should keep the race.

Mr Colgan said that he had been quite bottled up, that when he did come through he hit his horse four times, that his horse then started to move out and that he put the stick away immediately and then from about the 75m only rode his horse out hands and heels. He added that he had come from behind Leith’s horse and was pretty soft on his horse as over the final stages he only rode hands and heels.

Mr Oatham was invited by the Committee to comment on the alleged interference. He said that near the 200m BLUE LAGOON was slightly behind COMIN’THROUGH, that near the 100m BLUE LAGOON shifted outwards under a hard ride and shifted COMIN’THROUGH out onto COOL TART. He said that there was no discernible movement from COOL TART. He said that Mr Innes’ whip action was compromised. He said that once Mr Colgan straightened his mount that Mr Innes’ mount made up good ground over the final 7 to 8 strides. He concluded by saying that the protest did have some merit.

Reasons for Decision:

After considering all the evidence and revisiting all film replays, the committee found that near the 200m that BLUE LAGOON was racing to the inside and slightly behind COMIN’THROUGH. Shortly afterwards BLUE LAGOON improved to be on terms or just ahead of COMIN’THROUGH. BLUE LAGOON then commenced to shift outwards when being ridden with the whip. The outward movement was over a distance of approximately 2 horse-widths. As a consequence of this shift, contact was made with COMIN’THROUGH who was forced out onto COOL TART. Due to this tightening Mr Innes was denied the opportunity to ride his mount out fully. When Mr Colgan did relieve the pressure it was observed that COMIN’THROUGH did finish the race off strongly and was beaten by the barest margin of a Nose.

The committee also took particular notice of the line of running of COOL TART and believed that if it did shift at all, it was very minimal.

The committee was of the opinion that if BLUE LAGOON had not caused interference to COMIN’THROUGH that COMIN’THROUGH would have finished the race in advance of BLUE LAGOON.

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: daa3540055dbc7a476f92fecec112efa


informantnumber: A8682


horsename: BLUE LAGOON


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 20/03/2017


hearing_title: Auckland RC 16 March 2017 - R 7 (instigating a protest) - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 7 (Swisse Wellness Trophy) Information No. A8682 was filed with the Judicial Committee. It was alleged by Mr Gibbs that BLUE LAGOON, placed 1st by the Judge, interfered with the chances of his horse COMIN’THROUGH in the final straight.

The Judge’s placings were:

1st: BLUE LAGOON (No.9)
2nd COMIN’THROUGH (No.6)
3rd COOL TART (No.13)
4th SYMPHONIC (No.10)
5th EL DISPARO (No.5)

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

Rule 642(1) provides:

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.


appealdecision:


isappeal:


submissionsfordecision:

After viewing the films Mr Gibbs said that BLUE LAGOON veered out near the 200m, that contact was made with his horse and his horse was forced out and that it was held up a little between BLUE LAGOON and COOL TART. He added that it was significant that his Jockey (Mr Innes) could not use the whip for a few strides. He said as the margin was only a nose, what had happened cost his horse the race.

Mr Innes (COMIN’THROUGH) said that Vinnie (Colgan) came out, that contact was made with his horse, that he was not able to hit his horse for two strides and said because of the Nose margin it had cost him the race.

Mr Pike (BLUE LAGOON) said that his horse did come out and that there was minimal contact. He said that on viewing the rear film that COOL TART, racing on the outside, had shifted in more than BLUE LAGOON had shifted out. He said that Mr Colgan had stopped riding with the stick and only rode hands and heels and that his horse was half a length behind COMIN’THROUGH at the 200m and that in his opinion the best horse still won the race. He added that COOL TART shifted in two horse-widths and that his horse had only shifted out half a horse width. In conclusion he said that taking all matters into consideration that this horse (BLUE LAGOON) should keep the race.

Mr Colgan said that he had been quite bottled up, that when he did come through he hit his horse four times, that his horse then started to move out and that he put the stick away immediately and then from about the 75m only rode his horse out hands and heels. He added that he had come from behind Leith’s horse and was pretty soft on his horse as over the final stages he only rode hands and heels.

Mr Oatham was invited by the Committee to comment on the alleged interference. He said that near the 200m BLUE LAGOON was slightly behind COMIN’THROUGH, that near the 100m BLUE LAGOON shifted outwards under a hard ride and shifted COMIN’THROUGH out onto COOL TART. He said that there was no discernible movement from COOL TART. He said that Mr Innes’ whip action was compromised. He said that once Mr Colgan straightened his mount that Mr Innes’ mount made up good ground over the final 7 to 8 strides. He concluded by saying that the protest did have some merit.


reasonsfordecision:

After considering all the evidence and revisiting all film replays, the committee found that near the 200m that BLUE LAGOON was racing to the inside and slightly behind COMIN’THROUGH. Shortly afterwards BLUE LAGOON improved to be on terms or just ahead of COMIN’THROUGH. BLUE LAGOON then commenced to shift outwards when being ridden with the whip. The outward movement was over a distance of approximately 2 horse-widths. As a consequence of this shift, contact was made with COMIN’THROUGH who was forced out onto COOL TART. Due to this tightening Mr Innes was denied the opportunity to ride his mount out fully. When Mr Colgan did relieve the pressure it was observed that COMIN’THROUGH did finish the race off strongly and was beaten by the barest margin of a Nose.

The committee also took particular notice of the line of running of COOL TART and believed that if it did shift at all, it was very minimal.

The committee was of the opinion that if BLUE LAGOON had not caused interference to COMIN’THROUGH that COMIN’THROUGH would have finished the race in advance of BLUE LAGOON.


Decision:

The Protest was upheld.

The placings now read:

1st No.6 COMIN’THROUGH
2nd No.9 BLUE LAGOON
3rd No.13 COOL TART
4th No. 10 SYMPHONIC
5th No.5 EL DISPARO

Authorisation was given for payment of dividends and prize money to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr C Gibbs - co-Trainer of COMIN'THROUGH


JockeysandTrainer:


Otherperson:


PersonPresent: Mr C Gibbs - co-Trainer of COMIN'THROUGH, Mr L Innes - Rider of COMIN'THROUGH, Mr T Pike - Trainer of BLUE LAGOON, Mr V Colgan - Rider of BLUE LAGOON, Mr J Oatham - Chief Stipendiary Steward


Respondent: Mr T Pike - Trainer of BLUE LAGOON


StipendSteward:


raceid: 973c14bbd8301570f388ccf9b2ed6103


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0f6c298e4f0507ee8f067c54480202b8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/03/2017


meet_title: Auckland RC - 16 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC