Archive Decision

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Auckland RC 25 May 2019 – R 7 – (instigating a protest) – Chair, Mr A Dooley

ID: JCA15804

Applicant:
Mr C Dell - Rider of AIR CENTRE

Respondent(s):
Mr L O'Sullivan - Co Trainer of WILD SEAS

Information Number:
A09682

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 25 May 2019

Meet Chair:
ADooley

Meet Committee Member 1:
ASmith

Race Date:
2019/05/25

Race Number:
R7

Decision:

The protest was upheld and the amended placings were:

1st No. 2 BRAAVOS
2nd No. 10 TIME TO FLY
3rd No. 8 STAR TREASURE
4th No. 12 AIR CENTRE
5th No. 11 WILD SEAS

The Committee authorised the payment of stakes and dividends in accordance with its decision.

Facts:

Following the running of race 7, Scott Electrical 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr C Dell, alleged that WILD SEAS or its rider placed 4th by the Judge interfered with the chances of his mount AIR CENTRE placed 5th by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st No. 2 BRAAVOS
2nd No. 10 TIME TO FLY
3rd No. 8 STAR TREASURE
4th No. 11 WILD SEAS
5th No. 12 AIR CENTRE

The official margin between 4th and 5th was a nose.

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”.

For the purposes of Rule 642 “interference” is defined as:

(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;

(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or

(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.

All connections present acknowledged they understood the protest Rule.

Submissions for Decision:

At the start of the hearing the Committee explained the process for the protest hearing.

Mr Dell said that over the concluding stages of the race AIR CENTRE was shunted out 2 to 3 horse widths by WILD SEAS. He said WILD SEAS continued to run out and this put his mount off balance and given the nose margin at the finish he believed the interference cost his mount 4th place.

Mrs Poulsen said that AIR CENTRE was shunted off its running line by WILD SEAS and as a result it was hindered when unbalanced. She added that the nose margin at the finish was a telling factor.

Prior to presenting his submissions Mr O’Sullivan sought clarification of the Protest Rule. The Committee read the Rule aloud for the benefit of the hearing. Mr O’Sullivan identified on the head on film that in his opinion the interference suffered by AIR CENTRE was caused by STAR TREASURE. He said that STAR TREASURE shifted out slightly passing the 50 metres and that is the reason why WILD SEAS moved out and made contact with AIR CENTRE. He said that WILD SEAS had come from behind AIR CENTRE earlier in the home straight and he did not think that AIR CENTRE would have beaten WILD SEAS.

Mr Grylls said that STAR TREASURE moved out fractionally and WILD SEAS shifted away from that runner. He acknowledged that WILD SEAS bumped AIR CENTRE but believed his mount shied away from STAR TREASURE. In conclusion he did not think AIR CENTRE would have beaten WILD SEAS.

Mr Oatham on behalf of the Stewards said it was clear that AIR CENTRE suffered interference. He said the Committee needed to determine whether STAR TREASURE had an influence on WILD SEAS causing interference to AIR CENTRE. He noted the small margin of a nose between the 2 horses at the finish.

Reasons for Decision:

The Committee carefully considered all of the submissions and reviewed the video footage several times at normal speed, slow motion and frame by frame.

The Rule requires the Committee to establish firstly if interference has occurred; and second, that the horse interfered with would have beaten the other runner, had such interference not occurred.

The Committee found that passing the 50 metres WILD SEAS and AIR CENTRE were racing side by side and free of any interference. Shortly after that point WILD SEAS shifted outwards of its running line and bumped into AIR CENTRE. We observed that STAR TREASURE shifted marginally of its running line but it was evident that there was a clear gap between STAR TREASURE and WILD SEAS. Conversely the head on film showed that WILD SEAS had shifted out of its line and in doing so made firm contact with AIR CENTRE. As a result that runner was unbalanced and shifted wider on the track. In conclusion we were satisfied that WILD SEAS caused interference to AIR CENTRE and STAR TREASURE’s contribution was minimal.

Having considered the degree of interference, the manner in which both horses finished the race off and in particular the nose margin at the finish the Committee is of the opinion that AIR CENTRE would have finished in advance of WILD SEAS had such interference 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: d3f4f44512c4cd5d7f8caf7f7ea3c29e


informantnumber: A09682


horsename: WILD SEAS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 27/05/2019


hearing_title: Auckland RC 25 May 2019 - R 7 - (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Scott Electrical 1200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr C Dell, alleged that WILD SEAS or its rider placed 4th by the Judge interfered with the chances of his mount AIR CENTRE placed 5th by the Judge.

The interference was alleged to have occurred in the final straight.

The Judge's placing were as follows:

1st No. 2 BRAAVOS
2nd No. 10 TIME TO FLY
3rd No. 8 STAR TREASURE
4th No. 11 WILD SEAS
5th No. 12 AIR CENTRE

The official margin between 4th and 5th was a nose.

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”.

For the purposes of Rule 642 “interference” is defined as:

(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;

(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or

(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.

All connections present acknowledged they understood the protest Rule.


appealdecision:


isappeal:


submissionsfordecision:

At the start of the hearing the Committee explained the process for the protest hearing.

Mr Dell said that over the concluding stages of the race AIR CENTRE was shunted out 2 to 3 horse widths by WILD SEAS. He said WILD SEAS continued to run out and this put his mount off balance and given the nose margin at the finish he believed the interference cost his mount 4th place.

Mrs Poulsen said that AIR CENTRE was shunted off its running line by WILD SEAS and as a result it was hindered when unbalanced. She added that the nose margin at the finish was a telling factor.

Prior to presenting his submissions Mr O’Sullivan sought clarification of the Protest Rule. The Committee read the Rule aloud for the benefit of the hearing. Mr O’Sullivan identified on the head on film that in his opinion the interference suffered by AIR CENTRE was caused by STAR TREASURE. He said that STAR TREASURE shifted out slightly passing the 50 metres and that is the reason why WILD SEAS moved out and made contact with AIR CENTRE. He said that WILD SEAS had come from behind AIR CENTRE earlier in the home straight and he did not think that AIR CENTRE would have beaten WILD SEAS.

Mr Grylls said that STAR TREASURE moved out fractionally and WILD SEAS shifted away from that runner. He acknowledged that WILD SEAS bumped AIR CENTRE but believed his mount shied away from STAR TREASURE. In conclusion he did not think AIR CENTRE would have beaten WILD SEAS.

Mr Oatham on behalf of the Stewards said it was clear that AIR CENTRE suffered interference. He said the Committee needed to determine whether STAR TREASURE had an influence on WILD SEAS causing interference to AIR CENTRE. He noted the small margin of a nose between the 2 horses at the finish.


reasonsfordecision:

The Committee carefully considered all of the submissions and reviewed the video footage several times at normal speed, slow motion and frame by frame.

The Rule requires the Committee to establish firstly if interference has occurred; and second, that the horse interfered with would have beaten the other runner, had such interference not occurred.

The Committee found that passing the 50 metres WILD SEAS and AIR CENTRE were racing side by side and free of any interference. Shortly after that point WILD SEAS shifted outwards of its running line and bumped into AIR CENTRE. We observed that STAR TREASURE shifted marginally of its running line but it was evident that there was a clear gap between STAR TREASURE and WILD SEAS. Conversely the head on film showed that WILD SEAS had shifted out of its line and in doing so made firm contact with AIR CENTRE. As a result that runner was unbalanced and shifted wider on the track. In conclusion we were satisfied that WILD SEAS caused interference to AIR CENTRE and STAR TREASURE’s contribution was minimal.

Having considered the degree of interference, the manner in which both horses finished the race off and in particular the nose margin at the finish the Committee is of the opinion that AIR CENTRE would have finished in advance of WILD SEAS had such interference not occurred.


Decision:

The protest was upheld and the amended placings were:

1st No. 2 BRAAVOS
2nd No. 10 TIME TO FLY
3rd No. 8 STAR TREASURE
4th No. 12 AIR CENTRE
5th No. 11 WILD SEAS

The Committee authorised the payment of stakes and dividends in accordance with its decision.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr C Dell - Rider of AIR CENTRE


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Oatham - Chief Stipendiary Steward, Mrs L Poulsen - Trainer of AIR CENTRE, Mr C Grylls - Rider of WILD SEAS


Respondent: Mr L O'Sullivan - Co Trainer of WILD SEAS


StipendSteward:


raceid: a4cdbb01e195b4113e6581464a4eed35


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a48389eef50d22917a35a2b8ea877a81


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/05/2019


meet_title: Auckland RC - 25 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: ASmith


meet_pm2: none


name: Auckland RC