Archive Decision

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Auckland RC 3 September 2016 – R 2 (instigating a protest) – Chair, Mrs N Moffatt

ID: JCA15138

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr G Old - Trainer of OUR KING SWAY

Information Number:
A6972

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 3 September 2016

Meet Chair:
NMoffatt

Meet Committee Member 1:
ADooley

Race Date:
2016/09/03

Race Number:
R 2

Decision:

Accordingly the protest was upheld and amended placings read:

1st - ZORRALI (5)
2nd - PLATINUM COMMAND (3)
3rd - OUR KING SWAY (7)
4th - LUCKY FEATHER (8)
5th - ADMIRAL (6)

Dividends were directed to be paid accordingly.

Facts:

Following Race 2, JRA Trophy 1400m, a protest was lodged pursuant to Rule 642(1) by Mr J Oatham alleging that horse number 7(OUR KING SWAY) or its rider placed 1st by the Judge interfered with the chances of horse number 3 (PLATINUM COMMAND), placed 3rd by the Judge.

The information alleged interference in the final straight.

Judges placings were:
1st - OUR KING SWAY (7)
2nd - ZORRALI (5)
3rd - PLATINUM COMMAND (3)
4th - LUCKY FEATHER (8)
5th - ADMIRAL (6)

The official margins were ½ length between first and second placed horses and a neck between second and third.

Submissions for Decision:

Mr Oatham asked Mr Robinson to outline the incident using all the available videos (head-on, side-on and rear view). Using the synchronised head-on and side-on videos Mr Robinson identified the runners concerned with OUR KING SWAY widest on the track, PLATINUM COMMAND inside that runner and ZORRALI inside PLATINUM COMMAND. He pointed out that at the 300m there was a clear run available for PLATINUM COMMAND between the other two runners. Soon after, OUR KING SWAY, when being ridden forward with the whip, shifted in. Mr Elliott (PLATINUM COMMAND) was forced to take evasive action. He had to stop riding, check off the heels of OUR KING SWAY and come to the outside of that runner. Mr Robinson said he lost a significant amount of momentum and yet made up a large amount of ground over the final 100m.

Mr Elliott (rider of PLATINUM COMMAND) said he had a clear run until OUR KING SWAY drifted in under pressure. He had to take evasive action, losing all of his momentum and had to start again. Following questioning from the Committee Mr Elliott said if he hadn’t received any interference he could have won the race or got second.

Ms Loasby said that Mr Elliott had to take a hold of PLATINUM COMMAND for at least three strides which cut off all her momentum. She then had to come across heels but made up “huge ground” on the winner. She said PLATINUM COMMAND has a very strong finish and believed had the interference not occurred PLATINUM COMMAND would have won the race.

Mr Old said that when PLATINUM COMMAND began getting squeezed ZORRALI moved out at the same time contributing to the interference. He believed OUR KING SWAY won too well to change the result.

Mr Danis agreed saying that the rider of ZORRALI had moved out and made contact with PLATINUM COMMAND thereby contributing to the interference. He said he straightened his mount up as soon as it moved in.

Mr Oatham said that ZORRALI did not shift out discernibly until after contact had been made when PLATINUM COMMAND moved in as a result of OUR KING SWAY shifting in. He said PLATINUM COMMAND was checked for three strides, lost a conservative two lengths and it was notable how much ground it made up in the run to the finish line. He said ZORRALI had no bearing at all on the interference; it was all the result of OUR KING SWAY moving in.

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.

Rule 642 (2) (b)
(b) “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.

Rule 641 requires us in the first instance to determine if interference occurred. The films quite clearly showed that PLATINUM COMMAND was denied a clear run when mounting a challenge between OUR KING SWAY and ZORRALI. The head-on film confirmed there was clear room available between those two horses for PLATINUM COMMAND and that she was well established in this gap at the time of the incident (the side–on film indicated she was only a neck behind OUR KING SWAY). At the 300m OUR KING SWAY shifted in approximately one horse width when being ridden forward with the whip which resulted in PLATINUM COMMAND having its rightful line of running taken. The effect of the interference was that Mr Elliott was forced to take a hold of his mount for several strides.

The connections of OUR KING SWAY submitted that ZORRALI contributed to the interference by moving outwards. Close observation of the head-on and rear view films showed that ZORRALI did not move off its rightful line of running until it received pressure from PLATINUM COMMAND. The instigator of the incident was OUR KING SWAY, if that horse had held a straight line there would have been no interference.

We were therefore satisfied that interference had occurred and that OUR KING SWAY was the initial cause.

Next we looked at the issue of relegation. We had to consider how much ground PLATINUM COMMAND lost as a result of the interference and how much ground she made up afterwards.

Mr Elliott was forced to check, switch across the heels of OUR KING SWAY, come to the outside of that runner, and get rebalanced. Mr Oatham estimated PLATINUM COMMAND lost a conservative 2 lengths of ground.

We heard from Ms Loasby that PLATINUM COMMAND is a very strong finisher yet in todays’ incident she lost her rightful line of running and valuable momentum at a critical stage of the race. It was significant that from the 200m mark to the finish line PLATINUM COMMAND rapidly made up ground on OUR KING SWAY.

The combined margin at the finish was ¾ length (½ length and a neck). In the Committee’s opinion the amount of ground lost by PLATINUM COMMAND was greater than the margin between first and third at the finish. Taking into account all of these factors, particularly the manner in which PLATINUM COMMAND was finishing, the Committee was satisfied that had the interference not occurred PLATINUM COMMAND would have finished ahead of OUR KING SWAY.

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: 6ee62068c6d16d1b9cbfa9b75eed7b66


informantnumber: A6972


horsename: OUR KING SWAY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 04/09/2016


hearing_title: Auckland RC 3 September 2016 - R 2 (instigating a protest) - Chair, Mrs N Moffatt


charge:


facts:

Following Race 2, JRA Trophy 1400m, a protest was lodged pursuant to Rule 642(1) by Mr J Oatham alleging that horse number 7(OUR KING SWAY) or its rider placed 1st by the Judge interfered with the chances of horse number 3 (PLATINUM COMMAND), placed 3rd by the Judge.

The information alleged interference in the final straight.

Judges placings were:
1st - OUR KING SWAY (7)
2nd - ZORRALI (5)
3rd - PLATINUM COMMAND (3)
4th - LUCKY FEATHER (8)
5th - ADMIRAL (6)

The official margins were ½ length between first and second placed horses and a neck between second and third.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham asked Mr Robinson to outline the incident using all the available videos (head-on, side-on and rear view). Using the synchronised head-on and side-on videos Mr Robinson identified the runners concerned with OUR KING SWAY widest on the track, PLATINUM COMMAND inside that runner and ZORRALI inside PLATINUM COMMAND. He pointed out that at the 300m there was a clear run available for PLATINUM COMMAND between the other two runners. Soon after, OUR KING SWAY, when being ridden forward with the whip, shifted in. Mr Elliott (PLATINUM COMMAND) was forced to take evasive action. He had to stop riding, check off the heels of OUR KING SWAY and come to the outside of that runner. Mr Robinson said he lost a significant amount of momentum and yet made up a large amount of ground over the final 100m.

Mr Elliott (rider of PLATINUM COMMAND) said he had a clear run until OUR KING SWAY drifted in under pressure. He had to take evasive action, losing all of his momentum and had to start again. Following questioning from the Committee Mr Elliott said if he hadn’t received any interference he could have won the race or got second.

Ms Loasby said that Mr Elliott had to take a hold of PLATINUM COMMAND for at least three strides which cut off all her momentum. She then had to come across heels but made up “huge ground” on the winner. She said PLATINUM COMMAND has a very strong finish and believed had the interference not occurred PLATINUM COMMAND would have won the race.

Mr Old said that when PLATINUM COMMAND began getting squeezed ZORRALI moved out at the same time contributing to the interference. He believed OUR KING SWAY won too well to change the result.

Mr Danis agreed saying that the rider of ZORRALI had moved out and made contact with PLATINUM COMMAND thereby contributing to the interference. He said he straightened his mount up as soon as it moved in.

Mr Oatham said that ZORRALI did not shift out discernibly until after contact had been made when PLATINUM COMMAND moved in as a result of OUR KING SWAY shifting in. He said PLATINUM COMMAND was checked for three strides, lost a conservative two lengths and it was notable how much ground it made up in the run to the finish line. He said ZORRALI had no bearing at all on the interference; it was all the result of OUR KING SWAY moving in.


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.

Rule 642 (2) (b)
(b) “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.

Rule 641 requires us in the first instance to determine if interference occurred. The films quite clearly showed that PLATINUM COMMAND was denied a clear run when mounting a challenge between OUR KING SWAY and ZORRALI. The head-on film confirmed there was clear room available between those two horses for PLATINUM COMMAND and that she was well established in this gap at the time of the incident (the side–on film indicated she was only a neck behind OUR KING SWAY). At the 300m OUR KING SWAY shifted in approximately one horse width when being ridden forward with the whip which resulted in PLATINUM COMMAND having its rightful line of running taken. The effect of the interference was that Mr Elliott was forced to take a hold of his mount for several strides.

The connections of OUR KING SWAY submitted that ZORRALI contributed to the interference by moving outwards. Close observation of the head-on and rear view films showed that ZORRALI did not move off its rightful line of running until it received pressure from PLATINUM COMMAND. The instigator of the incident was OUR KING SWAY, if that horse had held a straight line there would have been no interference.

We were therefore satisfied that interference had occurred and that OUR KING SWAY was the initial cause.

Next we looked at the issue of relegation. We had to consider how much ground PLATINUM COMMAND lost as a result of the interference and how much ground she made up afterwards.

Mr Elliott was forced to check, switch across the heels of OUR KING SWAY, come to the outside of that runner, and get rebalanced. Mr Oatham estimated PLATINUM COMMAND lost a conservative 2 lengths of ground.

We heard from Ms Loasby that PLATINUM COMMAND is a very strong finisher yet in todays’ incident she lost her rightful line of running and valuable momentum at a critical stage of the race. It was significant that from the 200m mark to the finish line PLATINUM COMMAND rapidly made up ground on OUR KING SWAY.

The combined margin at the finish was ¾ length (½ length and a neck). In the Committee’s opinion the amount of ground lost by PLATINUM COMMAND was greater than the margin between first and third at the finish. Taking into account all of these factors, particularly the manner in which PLATINUM COMMAND was finishing, the Committee was satisfied that had the interference not occurred PLATINUM COMMAND would have finished ahead of OUR KING SWAY.


Decision:

Accordingly the protest was upheld and amended placings read:

1st - ZORRALI (5)
2nd - PLATINUM COMMAND (3)
3rd - OUR KING SWAY (7)
4th - LUCKY FEATHER (8)
5th - ADMIRAL (6)

Dividends were directed to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Street - Owner of PLATINUM COMMAND, Mr T Loasby - Representing Ms L Latta - Trainer of PLATINUM COMMAND, Mr R Elliott - Rider of PLATINUM COMMAND, Mr D Danis - Rider of OUR KING SWAY, Mr N Harris - Apprentice Jockey Mentor, Mr W Robinson - Stipendiary Steward


Respondent: Mr G Old - Trainer of OUR KING SWAY


StipendSteward:


raceid: 7e3cddb080a97852ae9e6330de4f1639


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


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meetdate: 03/09/2016


meet_title: Auckland RC - 3 September 2016


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: ADooley


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name: Auckland RC