Auckland RC 30 November 2013 – R 3 (instigating a protest)
ID: JCA13968
Code:
Thoroughbred
Meet Title:
Auckland RC - 30 November 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/11/30
Race Number:
R3
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 3, EAGLE SERVICE DESK 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Innes, alleged that DRESDEN PARK placed 1st by the Judge interfered with the chances of KATIE’S COVE placed 2nd by the Judge.
The interference was alleged to have occurred near the 1100 metres.
The Judge's placings were as follows:
1st No. 14 DRESDEN PARK
2nd No. 15 KATIE’S COVE
3rd No. 13 CIVETTA
4th No. 11 DREAMWORLD
The official margin between 1st and 2nd was a 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”.
The relevant Rule was read and acknowledged as being understood by all parties present.
Submissions for Decision:
Mr Innes submitted he was racing adjacent to the rail near the 1100 metre mark. He said he called out to Mr Magorrian who was on his outside. He said Mr Hutchings' mount put pressure on Mr Magorrian causing KATIE’S COVE to check and lose 2 to 2/12 lengths. He submitted that if there wasn’t pressure put on KATIE’S COVE he would have won by 2 lengths.
Mr Magorrian submitted on behalf of Mr Innes he was pushed in a bit as a result of pressure from DRESDEN PARK.
Mr James submitted there was outside pressure put on KATIE’S COVE. He said we strive for fairness in racing and this incident deserves action to be taken.
Mrs Browne submitted in her opinion no contact occurred between the 2 horses and Mr Magorrian over reacted. She questioned whether or not KATIE’S COVE lost 2 lengths as a result of being checked.
Mr Hutchings submitted there was no contact and demonstrated this point using available video films. He said he was angling towards the fence which he was entitled to do and Mr Magorrian over reacted. He submitted that “after the incident both horses had a fair crack at winning the race”.
Mr Oatham when asked for the Stewards' interpretation of the alleged interference submitted none of the films which show the incident are of great benefit. He said they are not sufficiently conclusive as to what happened and therefore placed too much doubt in the Stewards’ view to be able to draw any conclusions.
Mr Innes in summing up acknowledged it was unusual to lodge a protest concerning an incident at the 1100 metres. However, given the margin at the finish and having lost between 2 to 3 lengths he believed but for the interference he would have won the race.
Mr Hutchings in summing up reiterated no contact was made between DRESDEN PARK and KATIE’S COVE. He said it was Mr Magorrian’s decision to move to the rail and he placed no pressure on him to do so. His final comment was he asked the Committee to take into account the incident occurred at the 1100 metres.
Reasons for Decision:
The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We acknowledge there are limitations in terms of the availability of video films, specifically the rear view footage. The Committee was advised this was not available due to a technical issue beyond the control of the Stewards.
The Committee notes on the available films it appears ZAH TART (Mr Magorrian) shifted in when racing in restricted quarters to the inside of DRESDEN PARK. This resulted in KATIE’S COVE being tightened and checked losing approximately 2 lengths. We note Mr Magorrian looked to his inside several times before crossing over to the running rail and in front of KATIE’S COVE.
The Committee finds that DRESDEN PARK was not the cause of the interference suffered by KATIE’S COVE.
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: 85afb9f4d65b12b2e0f662cdd568a658
informantnumber: A2922
horsename: DRESDEN PARK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/11/2013
hearing_title: Auckland RC 30 November 2013 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, EAGLE SERVICE DESK 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Innes, alleged that DRESDEN PARK placed 1st by the Judge interfered with the chances of KATIE’S COVE placed 2nd by the Judge.
The interference was alleged to have occurred near the 1100 metres.
The Judge's placings were as follows:
1st No. 14 DRESDEN PARK
2nd No. 15 KATIE’S COVE
3rd No. 13 CIVETTA
4th No. 11 DREAMWORLD
The official margin between 1st and 2nd was a 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”.
The relevant Rule was read and acknowledged as being understood by all parties present.
appealdecision:
isappeal:
submissionsfordecision:
Mr Innes submitted he was racing adjacent to the rail near the 1100 metre mark. He said he called out to Mr Magorrian who was on his outside. He said Mr Hutchings' mount put pressure on Mr Magorrian causing KATIE’S COVE to check and lose 2 to 2/12 lengths. He submitted that if there wasn’t pressure put on KATIE’S COVE he would have won by 2 lengths.
Mr Magorrian submitted on behalf of Mr Innes he was pushed in a bit as a result of pressure from DRESDEN PARK.
Mr James submitted there was outside pressure put on KATIE’S COVE. He said we strive for fairness in racing and this incident deserves action to be taken.
Mrs Browne submitted in her opinion no contact occurred between the 2 horses and Mr Magorrian over reacted. She questioned whether or not KATIE’S COVE lost 2 lengths as a result of being checked.
Mr Hutchings submitted there was no contact and demonstrated this point using available video films. He said he was angling towards the fence which he was entitled to do and Mr Magorrian over reacted. He submitted that “after the incident both horses had a fair crack at winning the race”.
Mr Oatham when asked for the Stewards' interpretation of the alleged interference submitted none of the films which show the incident are of great benefit. He said they are not sufficiently conclusive as to what happened and therefore placed too much doubt in the Stewards’ view to be able to draw any conclusions.
Mr Innes in summing up acknowledged it was unusual to lodge a protest concerning an incident at the 1100 metres. However, given the margin at the finish and having lost between 2 to 3 lengths he believed but for the interference he would have won the race.
Mr Hutchings in summing up reiterated no contact was made between DRESDEN PARK and KATIE’S COVE. He said it was Mr Magorrian’s decision to move to the rail and he placed no pressure on him to do so. His final comment was he asked the Committee to take into account the incident occurred at the 1100 metres.
reasonsfordecision:
The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We acknowledge there are limitations in terms of the availability of video films, specifically the rear view footage. The Committee was advised this was not available due to a technical issue beyond the control of the Stewards.
The Committee notes on the available films it appears ZAH TART (Mr Magorrian) shifted in when racing in restricted quarters to the inside of DRESDEN PARK. This resulted in KATIE’S COVE being tightened and checked losing approximately 2 lengths. We note Mr Magorrian looked to his inside several times before crossing over to the running rail and in front of KATIE’S COVE.
The Committee finds that DRESDEN PARK was not the cause of the interference suffered by KATIE’S COVE.
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 L Innes - Rider of KATIE'S COVE
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Hutchings - Rider of DRESDEN PARK, Mr R James - Trainer of KATIE'S COVE, Mr L Magorrian - Rider of ZAH TART, Mr M Dillion - NZ Herald, Mr J Oatham - Stipendiary Steward
Respondent: Mrs E Lee Browne - Trainer of DRESDEN PARK
StipendSteward:
raceid: 2d25e5544f8d305860f5f8dab014b40f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c683ef2d2216459f10e8cbe12beeecd3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2013
meet_title: Auckland RC - 30 November 2013
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