Archive Decision

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Auckland RC 5 December 2015 – R 7 (instigating a protest) – Chair, Mr A Dooley

ID: JCA15526

Applicant:
Mr K Kelso - Co Trainer of IRISH MOON

Respondent(s):
Ms S Gillespie - Co Trainer of STATHAM

Information Number:
A7571

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 5 December 2015

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2015/12/05

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, Stella Artois Concord Handicap, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Kelso, alleged that STATHAM or its rider placed 1st by the Judge interfered with the chances of his horse IRISH MOON 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. 6 STATHAM
2nd No. 10 IRISH MOON
3rd No. 3 RYAN MARK
4th No. 4 FAST DRAGON

The official margin between 1st and 2nd was half a length.

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”.

Mr Dell requested for the rule to be read aloud and all connections present acknowledged they understood the rule.

Submissions for Decision:

Mr Kelso submitted that coming into the home straight STATHAM was racing on the rail directly in front of IRISH MOON. He said that STATHAM came out at the 300 metres which caused Mr Lammas to take a hold of his mount for 2 to 3 strides. He stated that IRISH MOON made up ground strongly to finish half a length behind STATHAM at the finish. He added that but for the interference at the 300 metres IRISH MOON would have won the race.

Mr Lammas said that STATHAM took his rightful running line when not entitled to at the 300 metres. He stated that he had to check his mount for 2 strides and after the incident his horse made up a lot of ground in the run to the finish line. He believed the check cost him 1 and ½ lengths.

Mr Lucock submitted that STATHAM was always travelling better than IRISH MOON and beat that horse to the available gap at the 300 metres. He identified that in the last 8 to 10 strides IRISH MOON was not making up any ground on STATHAM.

Mr Dell submitted that at the 300 there was a marginal run for IRISH MOON which he took on STATHAM. He said IRISH MOON had 300 metres to get past his horse and was unable to do so. He added that he struck his mount with the whip only once and STATHAM ran away to win by half a length.

Mr Williamson submitted that it was clear that at the 300 metres Mr Lammas had to take a hold of IRISH MOON for 2 to 3 strides. He said while the incident did cost IRISH MOON some margin the Stewards' opinion was they could not be certain that but for the interference IRISH MOON would have beaten STATHAM.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times. We accept that near the 300 metres STATHAM did shift out across the heels of FAST DRAGON crowding IRISH MOON for 2 to 3 strides which caused Mr Lammas to take a brief hold of his mount. It was noteworthy from that point on both horses had an uninterrupted run to the finish line. The Committee acknowledges that IRISH MOON was making ground on STATHAM up until the final 50 metres. However, the video footage clearly showed that inside the last 50 metres STATHAM was holding and maintaining a comfortable margin on IRISH MOON.

After taking into account all the above factors the Committee was not satisfied that IRISH MOON would have beaten STATHAM had such interference not occurred.

The Committee was of the opinion that the interference that occurred was 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)

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: ade27411890be54de22191823216ec35


informantnumber: A7571


horsename: STATHAM


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 07/12/2015


hearing_title: Auckland RC 5 December 2015 - R 7 (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Stella Artois Concord Handicap, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Kelso, alleged that STATHAM or its rider placed 1st by the Judge interfered with the chances of his horse IRISH MOON 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. 6 STATHAM
2nd No. 10 IRISH MOON
3rd No. 3 RYAN MARK
4th No. 4 FAST DRAGON

The official margin between 1st and 2nd was half a length.

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”.

Mr Dell requested for the rule to be read aloud and all connections present acknowledged they understood the rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr Kelso submitted that coming into the home straight STATHAM was racing on the rail directly in front of IRISH MOON. He said that STATHAM came out at the 300 metres which caused Mr Lammas to take a hold of his mount for 2 to 3 strides. He stated that IRISH MOON made up ground strongly to finish half a length behind STATHAM at the finish. He added that but for the interference at the 300 metres IRISH MOON would have won the race.

Mr Lammas said that STATHAM took his rightful running line when not entitled to at the 300 metres. He stated that he had to check his mount for 2 strides and after the incident his horse made up a lot of ground in the run to the finish line. He believed the check cost him 1 and ½ lengths.

Mr Lucock submitted that STATHAM was always travelling better than IRISH MOON and beat that horse to the available gap at the 300 metres. He identified that in the last 8 to 10 strides IRISH MOON was not making up any ground on STATHAM.

Mr Dell submitted that at the 300 there was a marginal run for IRISH MOON which he took on STATHAM. He said IRISH MOON had 300 metres to get past his horse and was unable to do so. He added that he struck his mount with the whip only once and STATHAM ran away to win by half a length.

Mr Williamson submitted that it was clear that at the 300 metres Mr Lammas had to take a hold of IRISH MOON for 2 to 3 strides. He said while the incident did cost IRISH MOON some margin the Stewards' opinion was they could not be certain that but for the interference IRISH MOON would have beaten STATHAM.


reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video footage several times. We accept that near the 300 metres STATHAM did shift out across the heels of FAST DRAGON crowding IRISH MOON for 2 to 3 strides which caused Mr Lammas to take a brief hold of his mount. It was noteworthy from that point on both horses had an uninterrupted run to the finish line. The Committee acknowledges that IRISH MOON was making ground on STATHAM up until the final 50 metres. However, the video footage clearly showed that inside the last 50 metres STATHAM was holding and maintaining a comfortable margin on IRISH MOON.

After taking into account all the above factors the Committee was not satisfied that IRISH MOON would have beaten STATHAM had such interference not occurred.

The Committee was of the opinion that the interference that occurred was 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 K Kelso - Co Trainer of IRISH MOON


JockeysandTrainer:


Otherperson:


PersonPresent: Mr C Lammas - Rider of IRISH MOON, Mr C Dell - Rider of STATHAM, Mrs B Kelso - Co Trainer of IRISH MOON, Mr C George - CEO Auckland RC, Mr S Lucock - Co Trainer of STATHAM, Mr M Williamson -Stipendiary Steward, Mr A Coles - Stipendiary Steward


Respondent: Ms S Gillespie - Co Trainer of STATHAM


StipendSteward:


raceid: 64064fff69293f24aa980e78ecead07d


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: 80df6bbbf6821e8c8c6b5acf21edb5ab


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/12/2015


meet_title: Auckland RC - 5 December 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC