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Auckland RC 27 May 2017 – R 7 – (Instigating a protest), Chair Mr A Dooley

ID: JCA14576

Applicant:
Mr L Somervell -Trainer of "Dainty Rose"

Respondent(s):
Mr A Forsman - Co-Trainer of "Tomelilla"

Information Number:
A9452

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 27 May 2017

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2017/05/27

Race Number:
R7

Decision:

The protest was dismissed and the Judge's placing’s shall stand.  The Committee authorised the payment of stakes and dividends in accordance with its decision.

Facts:

Following the running of race 7, Vertical Logistics 1600, an Information was filed Instigating a Protest pursuant to Rule 642(1).The Informant, Mr Somervell, alleged that TOMELILLA or its rider placed 1st by the Judge interfered with the chances of his horse DAINTY ROSE placed 2nd by the Judge.  The interference was alleged to have occurred in the final straight.
 
The Judge's placing were as follows:
1st No. 3 TOMELILLA
2nd No. 9 DAINTY ROSE
3rd No. 11 HIGH CLASS
 
The official margin between 1st and 2nd was a head.
 
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”.
 
All connections present acknowledged that they understood the Rule.

Submissions for Decision:

Mr Somervell stated that in the last 50 metres TOMELILLA shifted out and made contact with DAINTY ROSE which resulted in Mr McKay being unable to use his whip for 3 strides. He said that DAINTY ROSE did shy inwards near the 50 metres and bump TOMELILLA. He said given the margin was a head he believed it was worth lodging a protest.
 
Mr McKay said that DAINTY ROSE was a green horse and he received a slight bump from TOMELILLA when that horse veered out near the 50 metres. He said that he stopped using his whip for 4 strides.
 
Mr Forsman stated that he would leave it up to Mr Cameron to provide submissions.
 
Mr Cameron identified that both horses shifted ground inside the final 50 metres and quantified that contact occurred for 1 stride. He said that TOMELILLA won the race fair and square and was of the view that DAINTY ROSE chances were not affected.
 
Mr Williamson was invited by the Committee to comment on the alleged interference. He said that TOMELILLA did shift out passing the 100 metres and made ever so brief contact with DAINTY ROSE. He identified that at the same point DAINTY ROSE shifted in and made contact with TOMELILLA. He identified that DAINTY ROSE appeared to shy at something on the outside fence which caused her to lose momentum. In conclusion he said that he would leave the decision up to the Committee.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage. We established that near the 50 metres TOMELILLA shifted out and simultaneously DAINTY ROSE shifted in which resulted in both horses hind quarters making contact for 1 stride.  Over the concluding stages it was evident that TOMELILLA had fought back strongly after being headed by DAINTY ROSE.
 
The Committee is of the opinion that the contact that occurred was very minimal and did not have a bearing on the outcome of the race. Accordingly there were insufficient grounds to justify a change of placings.

JCA Decision Fields (raw)

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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: 94f16089d1ca3d7c3d4203e583f9af28

informantnumber: A9452

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 28/05/2017

hearing_title: Auckland RC 27 May 2017 - R 7 - (Instigating a protest), Chair Mr A Dooley

charge:

facts:

Following the running of race 7, Vertical Logistics 1600, an Information was filed Instigating a Protest pursuant to Rule 642(1).The Informant, Mr Somervell, alleged that TOMELILLA or its rider placed 1st by the Judge interfered with the chances of his horse DAINTY ROSE placed 2nd by the Judge.  The interference was alleged to have occurred in the final straight.
 
The Judge's placing were as follows:
1st No. 3 TOMELILLA
2nd No. 9 DAINTY ROSE
3rd No. 11 HIGH CLASS
 
The official margin between 1st and 2nd was a head.
 
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”.
 
All connections present acknowledged that they understood the Rule.

appealdecision:

isappeal:

submissionsfordecision:

Mr Somervell stated that in the last 50 metres TOMELILLA shifted out and made contact with DAINTY ROSE which resulted in Mr McKay being unable to use his whip for 3 strides. He said that DAINTY ROSE did shy inwards near the 50 metres and bump TOMELILLA. He said given the margin was a head he believed it was worth lodging a protest.
 
Mr McKay said that DAINTY ROSE was a green horse and he received a slight bump from TOMELILLA when that horse veered out near the 50 metres. He said that he stopped using his whip for 4 strides.
 
Mr Forsman stated that he would leave it up to Mr Cameron to provide submissions.
 
Mr Cameron identified that both horses shifted ground inside the final 50 metres and quantified that contact occurred for 1 stride. He said that TOMELILLA won the race fair and square and was of the view that DAINTY ROSE chances were not affected.
 
Mr Williamson was invited by the Committee to comment on the alleged interference. He said that TOMELILLA did shift out passing the 100 metres and made ever so brief contact with DAINTY ROSE. He identified that at the same point DAINTY ROSE shifted in and made contact with TOMELILLA. He identified that DAINTY ROSE appeared to shy at something on the outside fence which caused her to lose momentum. In conclusion he said that he would leave the decision up to the Committee.

reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage. We established that near the 50 metres TOMELILLA shifted out and simultaneously DAINTY ROSE shifted in which resulted in both horses hind quarters making contact for 1 stride.  Over the concluding stages it was evident that TOMELILLA had fought back strongly after being headed by DAINTY ROSE.
 
The Committee is of the opinion that the contact that occurred was very minimal and did not have a bearing on the outcome of the race. Accordingly there were insufficient grounds to justify a change of placings.

Decision:

The protest was dismissed and the Judge's placing’s shall stand.  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 L Somervell -Trainer of "Dainty Rose"

JockeysandTrainer:

Otherperson:

PersonPresent: Mr M Williamson - Senior Stipendiary Steward, Mr M Cameron - Rider of "Tomelilla", Mr S McKay - Rider of "Dainty Rose"

Respondent: Mr A Forsman - Co-Trainer of "Tomelilla"

StipendSteward:

raceid: e1a8ae28fe7eab79bc758b088237d053

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: 549125e51b462b54a7f1614810646476

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 27/05/2017

meet_title: Auckland RC - 27 May 2017

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: auckland-rc

meet_racingtype: thoroughbred-racing

meet_chair: ADooley

meet_pm1: BScott

meet_pm2: none

name: Auckland RC