Auckland RC 24 May 2014 – R 2 (instigating a protest)
ID: JCA16439
Code:
Thoroughbred
Meet Title:
Auckland RC - 24 May 2014
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2014/05/24
Race Number:
R2
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 2, Bidvest 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Harris, alleged that PAN DULCE placed 2nd by the Judge interfered with the chances of his mount FARAWAY EYES placed 3rd by the Judge.
The interference was alleged to have occurred over the final 100 metres.
The Judge's placing were as follows:
1st No.1 CIVICS ROCK
2nd No. 9 PAN DULCE
3rd No. 5 FARAWAY EYES
4th No. 8 ZINKO
The official margin between 2nd and 3rd was a short neck.
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”.
Submissions for Decision:
Mr Harris submitted approaching the 200 metres Miss Smyth was on his inside and shifted outward. He said FARAWAY EYES and PAN DULCE touched and as a result he lost momentum, stopped riding for at least 3 strides. Mr Harris added had he not stopped riding he would have beaten PAN DULCE given the margin at the finish.
Mr Harris using the side – on film demonstrated the amount of ground FARAWAY EYES made up on PAN DULCE over the concluding stages. He believed this was significant.
Mr Lawlor submitted FARAWAY EYES' momentum was stopped and given the margin at the finish he believed FARAWAY EYES would have beaten PAN DULCE. He also said there was inward movement from the horses on the outside namely ZINKO and CIVICS ROCK.
Miss Smyth submitted PAN DULCE tended to run out a little bit. Miss Smyth said she heard a call from Mr Harris at the 100 metres and reacted accordingly. Miss Smyth was of the view the interference to FARAWAY EYES was caused by the pressure from ZINKO shifting inwards.
Mr Graham submitted he concurred with Miss Smyth and asked the Committee to concentrate on the mown strip. He referred to the head – on film and said the movement that caused FARAWAY EYES to check was from ZINKO shifting in. He said PAN DULCE only moved out half a horse width which he believed was insignificant.
Mr Williamson on behalf of the Stewards submitted that outward movement from PAN DULCE has been quite limited and the major influence has been from ZINKO shifting in. Mr Williamson acknowledged PAN DULCE shifted out up to one horse width. He said most of the interference was caused by ZINKO who shifted in three horse widths. He said it is not in dispute FARAWAY EYES was finishing strongly. In summing up he said the Stewards do not support the protest.
Mr Harris when given the opportunity to sum up reiterated his previous submission and emphasised the movement from PAN DULCE cost FARAWAY EYES second placing.
Mr Graham when given the opportunity to sum up said he did not deny the fact both horses brushed and was of the opinion FARAWAY EYES has hit PAN DULCE and not the other way around.
Reasons for Decision:
The Committee carefully considered all evidence and submissions presented and reviewed the head – on, side - on and back - on video films several times. The Committee accepts FARAWAY EYES was checked near the 100 metres and lost some momentum for two or three strides. However the primary cause of the interference was from ZINKO who shifted in approximately three horse widths near the 100 metres. This caused FARAWAY EYES to be tightened between ZINKO and PAN DULCE. In our opinion the films clearly show that PAN DULCE only shifted out slightly, less than one horse width. Therefore the Committee is not satisfied PAN DULCE was the cause of the interference to FARAWAY EYES.
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: b536b0f3bb94d3740c8fca6ece5ba002
informantnumber: A6042
horsename: PAN DULCE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/05/2014
hearing_title: Auckland RC 24 May 2014 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, Bidvest 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Harris, alleged that PAN DULCE placed 2nd by the Judge interfered with the chances of his mount FARAWAY EYES placed 3rd by the Judge.
The interference was alleged to have occurred over the final 100 metres.
The Judge's placing were as follows:
1st No.1 CIVICS ROCK
2nd No. 9 PAN DULCE
3rd No. 5 FARAWAY EYES
4th No. 8 ZINKO
The official margin between 2nd and 3rd was a short neck.
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”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Harris submitted approaching the 200 metres Miss Smyth was on his inside and shifted outward. He said FARAWAY EYES and PAN DULCE touched and as a result he lost momentum, stopped riding for at least 3 strides. Mr Harris added had he not stopped riding he would have beaten PAN DULCE given the margin at the finish.
Mr Harris using the side – on film demonstrated the amount of ground FARAWAY EYES made up on PAN DULCE over the concluding stages. He believed this was significant.
Mr Lawlor submitted FARAWAY EYES' momentum was stopped and given the margin at the finish he believed FARAWAY EYES would have beaten PAN DULCE. He also said there was inward movement from the horses on the outside namely ZINKO and CIVICS ROCK.
Miss Smyth submitted PAN DULCE tended to run out a little bit. Miss Smyth said she heard a call from Mr Harris at the 100 metres and reacted accordingly. Miss Smyth was of the view the interference to FARAWAY EYES was caused by the pressure from ZINKO shifting inwards.
Mr Graham submitted he concurred with Miss Smyth and asked the Committee to concentrate on the mown strip. He referred to the head – on film and said the movement that caused FARAWAY EYES to check was from ZINKO shifting in. He said PAN DULCE only moved out half a horse width which he believed was insignificant.
Mr Williamson on behalf of the Stewards submitted that outward movement from PAN DULCE has been quite limited and the major influence has been from ZINKO shifting in. Mr Williamson acknowledged PAN DULCE shifted out up to one horse width. He said most of the interference was caused by ZINKO who shifted in three horse widths. He said it is not in dispute FARAWAY EYES was finishing strongly. In summing up he said the Stewards do not support the protest.
Mr Harris when given the opportunity to sum up reiterated his previous submission and emphasised the movement from PAN DULCE cost FARAWAY EYES second placing.
Mr Graham when given the opportunity to sum up said he did not deny the fact both horses brushed and was of the opinion FARAWAY EYES has hit PAN DULCE and not the other way around.
reasonsfordecision:
The Committee carefully considered all evidence and submissions presented and reviewed the head – on, side - on and back - on video films several times. The Committee accepts FARAWAY EYES was checked near the 100 metres and lost some momentum for two or three strides. However the primary cause of the interference was from ZINKO who shifted in approximately three horse widths near the 100 metres. This caused FARAWAY EYES to be tightened between ZINKO and PAN DULCE. In our opinion the films clearly show that PAN DULCE only shifted out slightly, less than one horse width. Therefore the Committee is not satisfied PAN DULCE was the cause of the interference to FARAWAY EYES.
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(1)
Informant: Mr N Harris - Rider of FARAWAY EYES
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Lawlor - Trainer of FARAWAY EYES, Ms I Prime - Part owner of FARAWAY EYES, Mr M Williamson -Stipendiary Steward, Trackside TV, Mr J Graham - Trainer of PAN DULCE
Respondent: Miss R Smyth - Apprentice Rider of PAN DULCE
StipendSteward:
raceid: 065507b04378ecd0d5bf51796cb5aa72
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ac664266a32883f2f55f019049a4007f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/05/2014
meet_title: Auckland RC - 24 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC