Archive Decision

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Auckland RC 4 December 2010 – R 6 (instigating a protest)

ID: JCA11535

Applicant:
Mr A Scott, Trainer, MAKE A WISH

Respondent(s):
Mr S McKee

Information Number:
009

Hearing Type:
Protest

Rules:
642

Code:
Thoroughbred

Meet Title:
Auckland RC - 4 December 2010

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2010/12/04

Race Number:
R 6

Decision:

Accordingly the protest in dismissed and the judge’s placing shall stand.
It was ordered the dividends and stakes be paid in accordance with the decision.

 

Facts:

Judge’s placings
1st ABBEY TRALAE
2nd GLOWNIGHT RACER
3rd CHEEKY RED
4th MAKE A WISH
5th BLUE GRASS
Following the running of race 6 an information was lodged pursuant to Rule 642. The informant Mr A Scott, trainer of MAKE A WISH alleged that CHEEKY RED or it’s rider placed 3rd by the judge caused interference to MAKE A WISH placed 4th by the judge. The interference occurred in the final straight.
The margin between 3rd and 4th was 1 ½ lengths.

Submissions for Decision:

Mr Scott demonstrated the video films and pointed out to the committee there was 3 to 4 horse width gap for MAKE A WISH to come to the outside of ABBEY TRALAE to make its run at the 300 metre mark. At this stage MAKE A WISH was racing behind the winner, as MAKE A WISH was about to go into the gap CHEEKY RED started moving inwards which took away all chance of MAKE A WISH finishing in 3rd position.

Mr Colgan confirmed Mr Scott’s evidence and had nothing new to add.
Mr Innes said Mr Scott should have protested against the winner ABBEY TRALAE as he believed it has shifted out contributing to the interference received by MAKE A WISH.
Mr McKee said there was no run available for MAKE A WISH and believed there was not sufficient movement to impact on the final result particularly with the 1 ½ length margin between 3rd and 4th at the finish.
Mr Oatham, Stipendiary Steward, when asked for his submissions said MAKE A WISH clearly did not get into the gap which he conceded closed somewhat by the movements of ABBEY TRALAE and CHEEKY RED. Given the margin at the finish he did not support the protest being upheld.
Mr Scott in summing up said MAKE A WISH came from behind CHEEKY RED who took the run his horse was entitled to.

Reasons for Decision:

The committee carefully considered all evidence and submissions as presented and we also reviewed the video films. It was clear on the films that MAKE A WISH did receive a check when attempting to take a gap on the inside CHEEKY RED at the 200 metre mark. However it was clearly evident that the winner ABBEY TRALAE moved out slightly in addition to the inward movement of CHEEKY RED. The committee is satisfied however that MAKE A WISH was never far enough into the gap to gain a clear run in the final 200 metres. The margin at the finish of 1 1/2 lengths was also a relevant factor the committee took into consideration. For these reasons we are not satisfied that MAKE A WISH would have beaten CHEEKY RED if interference had 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: 2bdb6347948b6119cea4f55a20513b48


informantnumber: 009


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 03/12/2010


hearing_title: Auckland RC 4 December 2010 - R 6 (instigating a protest)


charge:


facts:

Judge’s placings
1st ABBEY TRALAE
2nd GLOWNIGHT RACER
3rd CHEEKY RED
4th MAKE A WISH
5th BLUE GRASS
Following the running of race 6 an information was lodged pursuant to Rule 642. The informant Mr A Scott, trainer of MAKE A WISH alleged that CHEEKY RED or it’s rider placed 3rd by the judge caused interference to MAKE A WISH placed 4th by the judge. The interference occurred in the final straight.
The margin between 3rd and 4th was 1 ½ lengths.


appealdecision:


isappeal:


submissionsfordecision:

Mr Scott demonstrated the video films and pointed out to the committee there was 3 to 4 horse width gap for MAKE A WISH to come to the outside of ABBEY TRALAE to make its run at the 300 metre mark. At this stage MAKE A WISH was racing behind the winner, as MAKE A WISH was about to go into the gap CHEEKY RED started moving inwards which took away all chance of MAKE A WISH finishing in 3rd position.

Mr Colgan confirmed Mr Scott’s evidence and had nothing new to add.
Mr Innes said Mr Scott should have protested against the winner ABBEY TRALAE as he believed it has shifted out contributing to the interference received by MAKE A WISH.
Mr McKee said there was no run available for MAKE A WISH and believed there was not sufficient movement to impact on the final result particularly with the 1 ½ length margin between 3rd and 4th at the finish.
Mr Oatham, Stipendiary Steward, when asked for his submissions said MAKE A WISH clearly did not get into the gap which he conceded closed somewhat by the movements of ABBEY TRALAE and CHEEKY RED. Given the margin at the finish he did not support the protest being upheld.
Mr Scott in summing up said MAKE A WISH came from behind CHEEKY RED who took the run his horse was entitled to.


reasonsfordecision:

The committee carefully considered all evidence and submissions as presented and we also reviewed the video films. It was clear on the films that MAKE A WISH did receive a check when attempting to take a gap on the inside CHEEKY RED at the 200 metre mark. However it was clearly evident that the winner ABBEY TRALAE moved out slightly in addition to the inward movement of CHEEKY RED. The committee is satisfied however that MAKE A WISH was never far enough into the gap to gain a clear run in the final 200 metres. The margin at the finish of 1 1/2 lengths was also a relevant factor the committee took into consideration. For these reasons we are not satisfied that MAKE A WISH would have beaten CHEEKY RED if interference had not occurred.


Decision:

Accordingly the protest in dismissed and the judge’s placing shall stand.
It was ordered the dividends and stakes be paid in accordance with the decision.

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642


Informant: Mr A Scott, Trainer, MAKE A WISH


JockeysandTrainer:


Otherperson:


PersonPresent: Mr V Colgan, rider MAKE A WISH, Mr S McKee, trainer CHEEKY RED, Mr L Innes, rider CHEEKY RED, Mr J Oatham, Stipendiary Steward, Mr A Scott trainer MAKE A WISH


Respondent: Mr S McKee


StipendSteward:


raceid: 0b5e29c5005f0a272c5a4e4ab66e2310


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 65e00a6107d28c6c912e6bd9384824d8


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/12/2010


meet_title: Auckland RC - 4 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "ADooley", "Member": "", "OtherExpenses": "0", "KMs": "94", "Total": "58.28", "kmprice": 58.280000000000001, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC