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Auckland RC 7 March 2015 – R 8 (instigating a protest)

ID: JCA16525

Applicant:
Mr O Bosson - Rider of RISING ROMANCE

Respondent(s):
Mr M Baker - Trainer of SAKHEE'S SOLDIER

Information Number:
A6886

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Auckland RC - 7 March 2015

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2015/03/07

Race Number:
R8

Decision:

Accordingly, the protest is dismissed and the Judge's placing’s shall stand. In conclusion we order the payment of stakes and dividends.

Facts:

Following the running of race 8, Ronald McDonald House Charities New Zealand Stakes, (Group 1) an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Bosson, alleged that SAKHEE’S SOLDIER placed 1st by the Judge interfered with the chances of his mount RISING ROMANCE placed 2nd by the Judge.

The interference was alleged to have occurred rounding the final turn.

The Judge's placing were as follows:

1st No.3   SAKHEE’S SOLDIER
2nd No. 7 RISING ROMANCE
3rd No. 6  FARM BOY
4th No.9   LAUREN TATE

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

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 they understood the Rule.

Submissions for Decision:

Prior to the commencement of the protest the Committee outlined the process of the hearing.

Mr Bosson submitted that approaching the 350 metres he came out to go past SAKHEE’S SOLDIER when that horse pushed him out 3 to 4 horse widths. He said RISING ROMANCE had to change ground and that cost her momentum.

The Committee asked Mr Bosson to demonstrate his concerns on the available video films. He identified that RISING ROMANCE was travelling well prior to SAKHEE’S SOLDIER rolling out and unbalancing his mount. He stated if that had not occurred RISING ROMANCE would have beaten SAKHEE’S SOLDIER by at least a head.

Mrs Logan submitted that RISING ROMANCE takes a fair bit to wind up and it cost her horse from winding up at a crucial time. She said as a result RISING ROMANCE shifted from her off front leg and changed to her near leg. She said given the margin was only a nose it cost RISING ROMANCE the race. She added the circumstances in today’s case were similar to a protest involving CONSENSUS which was upheld on Wednesday. She added this is a legitimate protest.

Mr Carter submitted that it looked like quite a bad bump and but for that RISING ROMANCE would have won.

Mr Baker submitted that RISING ROMANCE has come in and SAKHEE’S SOLDIER has travelled on the same line.

The Committee asked Mr Baker to demonstrate his interpretation using the video films. Mr Baker submitted that SAKHEE’S SOLDIER doesn’t move at all from the same strip of grass. He said that RISING ROMANCE got a head on SAKHEE’S SOLDIER and the alleged interference certainly did not stop RISING ROMANCE from winning the race.

Mr Cameron submitted that FAST DRAGON who racing on his inside shifted out near the turn and SAKHEE’S SOLDIER was a young green horse and this caused his mount to roll out slightly. He said it was the outward shift from FAST DRAGON that caused RISING ROMANCE to be put off balance. He said that RISING ROMANCE headed SAKHEE’S SOLDIER in the straight and SAKHEE’S SOLDIER has genuinely come back to win the race. He said RISING ROMANCE had its chance to go past SAKHEE’S SOLDIER.

At this point the Committee asked Mr Oatham to show the back-on film to all the parties present.

Mr Oatham on behalf of the Stewards submitted that as the field approached the 400 metres FAST DRAGON has hung out causing SAKHEE’S SOLDIER to lay out to some degree. He said at that time RISING ROMANCE was racing on the hind quarters of SAKHEE’S SOLDIER which resulted in a minor element of interference. He said from thereafter both horses have had a good 300 metres unimpeded run to the line. He said RISING ROMANCE made up ground and possibly headed SAKHEE’S SOLDIER. He identified that passing the 200 metres RISING ROMANCE levelled up to SAKHEE’S SOLDIER. He said although there was only a nose margin at the finish the interference occurred at the 350 metres. Mr Oatham submitted that RISING ROMANCE had every opportunity to beat SAKHEE’S SOLDIER. Mr Oatham in conclusion submitted that he was not satisfied that RISING ROMANCE would have beaten SAKHEE’S SOLDIER and the protest ought to be dismissed.

Mr Bosson when given the opportunity to add anything new said that SAKHEE’S SOLDIER has rolled out and as a result RISING ROMANCE has been pushed over a little more ground. In conclusion Mr Bosson said this cost him the race.

Mr Baker when given the opportunity to add anything new said from the point on the turn there was still 350 metres to run and RISING ROMANCE has had every chance. He said RISING ROMANCE headed SAKHEE’S SOLDIER and he believed his horse won the race fairly. Mr Baker said he believed the Stewards had got it right when they summed up.

All parties present were asked if they had a fair hearing and no issues or concerns raised at that point. Shortly after commencing our deliberation Mrs Logan re-entered the inquiry room and asked if she could view video footage of the protest on 4 March relating to CONSENSUS. This was declined on the basis it had no relevance to this particular hearing.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the available video films several times. The back-on film showed that all riders were angling their mounts away from the running rail entering the final straight. Mr Bosson had been tracking SAKHEE’S SOLDIER during the race and moved up 4 wide to challenge for the lead on the point of the turn. At this stage of the race SAKHEE’S SOLDIER was approximately a neck in front of RISING ROMANCE.

We established that rounding the final turn SAKHEE’S SOLDIER was racing in a 3 wide position with RISING ROMANCE racing in a 4 wide position and about half a length behind him. Shortly after this we concede that SAKHEE’S SOLDIER has moved out about 3 horse widths and dictated RISING ROMANCE for 2 or 3 strides near the 350 metres. The first part of rule 642(1) requires us to determine if any interference occurred. In our assessment RISING ROMANCE received minimal interference.

The films clearly show that RISING ROMANCE’S head is turned out prior to the alleged interference and we believe this is due to Mr Bosson angling his mount away from SAKHEE’S SOLDIER.

Over the final 350 metres RISING ROMANCE and SAKHEE’S SOLDIER had an uninterrupted run and both jockeys rode with vigour to the winning post. We note that RISING ROMANCE came from behind and marginally headed SAKHEE’S SOLDIER near the 200 metres but over the closing stages of the race SAKHEE’S SOLDIER rallied back to win the race. We are of the view that both horses had an equal opportunity to win the race.

It is the opinion of this Committee the interference that occurred rounding the final turn was minimal and did not have a bearing on the outcome of the race. After taking into account all the above factors, we are not satisfied that RISING ROMANCE would have beaten SAKHEE’S SOLDIER.

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: befdfc62e7adab7561cf78e9d93f4898


informantnumber: A6886


horsename: SAKHEE'S SOLDIER


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 02/03/2015


hearing_title: Auckland RC 7 March 2015 - R 8 (instigating a protest)


charge:


facts:

Following the running of race 8, Ronald McDonald House Charities New Zealand Stakes, (Group 1) an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Bosson, alleged that SAKHEE’S SOLDIER placed 1st by the Judge interfered with the chances of his mount RISING ROMANCE placed 2nd by the Judge.

The interference was alleged to have occurred rounding the final turn.

The Judge's placing were as follows:

1st No.3   SAKHEE’S SOLDIER
2nd No. 7 RISING ROMANCE
3rd No. 6  FARM BOY
4th No.9   LAUREN TATE

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

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 they understood the Rule.


appealdecision:


isappeal:


submissionsfordecision:

Prior to the commencement of the protest the Committee outlined the process of the hearing.

Mr Bosson submitted that approaching the 350 metres he came out to go past SAKHEE’S SOLDIER when that horse pushed him out 3 to 4 horse widths. He said RISING ROMANCE had to change ground and that cost her momentum.

The Committee asked Mr Bosson to demonstrate his concerns on the available video films. He identified that RISING ROMANCE was travelling well prior to SAKHEE’S SOLDIER rolling out and unbalancing his mount. He stated if that had not occurred RISING ROMANCE would have beaten SAKHEE’S SOLDIER by at least a head.

Mrs Logan submitted that RISING ROMANCE takes a fair bit to wind up and it cost her horse from winding up at a crucial time. She said as a result RISING ROMANCE shifted from her off front leg and changed to her near leg. She said given the margin was only a nose it cost RISING ROMANCE the race. She added the circumstances in today’s case were similar to a protest involving CONSENSUS which was upheld on Wednesday. She added this is a legitimate protest.

Mr Carter submitted that it looked like quite a bad bump and but for that RISING ROMANCE would have won.

Mr Baker submitted that RISING ROMANCE has come in and SAKHEE’S SOLDIER has travelled on the same line.

The Committee asked Mr Baker to demonstrate his interpretation using the video films. Mr Baker submitted that SAKHEE’S SOLDIER doesn’t move at all from the same strip of grass. He said that RISING ROMANCE got a head on SAKHEE’S SOLDIER and the alleged interference certainly did not stop RISING ROMANCE from winning the race.

Mr Cameron submitted that FAST DRAGON who racing on his inside shifted out near the turn and SAKHEE’S SOLDIER was a young green horse and this caused his mount to roll out slightly. He said it was the outward shift from FAST DRAGON that caused RISING ROMANCE to be put off balance. He said that RISING ROMANCE headed SAKHEE’S SOLDIER in the straight and SAKHEE’S SOLDIER has genuinely come back to win the race. He said RISING ROMANCE had its chance to go past SAKHEE’S SOLDIER.

At this point the Committee asked Mr Oatham to show the back-on film to all the parties present.

Mr Oatham on behalf of the Stewards submitted that as the field approached the 400 metres FAST DRAGON has hung out causing SAKHEE’S SOLDIER to lay out to some degree. He said at that time RISING ROMANCE was racing on the hind quarters of SAKHEE’S SOLDIER which resulted in a minor element of interference. He said from thereafter both horses have had a good 300 metres unimpeded run to the line. He said RISING ROMANCE made up ground and possibly headed SAKHEE’S SOLDIER. He identified that passing the 200 metres RISING ROMANCE levelled up to SAKHEE’S SOLDIER. He said although there was only a nose margin at the finish the interference occurred at the 350 metres. Mr Oatham submitted that RISING ROMANCE had every opportunity to beat SAKHEE’S SOLDIER. Mr Oatham in conclusion submitted that he was not satisfied that RISING ROMANCE would have beaten SAKHEE’S SOLDIER and the protest ought to be dismissed.

Mr Bosson when given the opportunity to add anything new said that SAKHEE’S SOLDIER has rolled out and as a result RISING ROMANCE has been pushed over a little more ground. In conclusion Mr Bosson said this cost him the race.

Mr Baker when given the opportunity to add anything new said from the point on the turn there was still 350 metres to run and RISING ROMANCE has had every chance. He said RISING ROMANCE headed SAKHEE’S SOLDIER and he believed his horse won the race fairly. Mr Baker said he believed the Stewards had got it right when they summed up.

All parties present were asked if they had a fair hearing and no issues or concerns raised at that point. Shortly after commencing our deliberation Mrs Logan re-entered the inquiry room and asked if she could view video footage of the protest on 4 March relating to CONSENSUS. This was declined on the basis it had no relevance to this particular hearing.


reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the available video films several times. The back-on film showed that all riders were angling their mounts away from the running rail entering the final straight. Mr Bosson had been tracking SAKHEE’S SOLDIER during the race and moved up 4 wide to challenge for the lead on the point of the turn. At this stage of the race SAKHEE’S SOLDIER was approximately a neck in front of RISING ROMANCE.

We established that rounding the final turn SAKHEE’S SOLDIER was racing in a 3 wide position with RISING ROMANCE racing in a 4 wide position and about half a length behind him. Shortly after this we concede that SAKHEE’S SOLDIER has moved out about 3 horse widths and dictated RISING ROMANCE for 2 or 3 strides near the 350 metres. The first part of rule 642(1) requires us to determine if any interference occurred. In our assessment RISING ROMANCE received minimal interference.

The films clearly show that RISING ROMANCE’S head is turned out prior to the alleged interference and we believe this is due to Mr Bosson angling his mount away from SAKHEE’S SOLDIER.

Over the final 350 metres RISING ROMANCE and SAKHEE’S SOLDIER had an uninterrupted run and both jockeys rode with vigour to the winning post. We note that RISING ROMANCE came from behind and marginally headed SAKHEE’S SOLDIER near the 200 metres but over the closing stages of the race SAKHEE’S SOLDIER rallied back to win the race. We are of the view that both horses had an equal opportunity to win the race.

It is the opinion of this Committee the interference that occurred rounding the final turn was minimal and did not have a bearing on the outcome of the race. After taking into account all the above factors, we are not satisfied that RISING ROMANCE would have beaten SAKHEE’S SOLDIER.


Decision:

Accordingly, the protest is dismissed and the Judge's placing’s shall stand. In conclusion we order the payment of stakes and dividends.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr O Bosson - Rider of RISING ROMANCE


JockeysandTrainer:


Otherperson:


PersonPresent: Mrs D Logan - Trainer of RISING ROMANCE, Mr R Logan - Trainers Son, Mrs V Carter - Owner of RISING ROMANCE, Mr J Carter - Owner of RISING ROMANCE, Mr M Cameron - Rider of SAKHEE'S SOLDIER, Mr J Oatham - Senior Stipendiary Steward, Mr R Neal - Co Chief Stipendiary Steward, Mr N McIntyre-Co-Chief Stipendiary Steward, Mr M Dillion - NZ Herald, Mr B Lichter - Journalist, Mr A Rodley -Trackside, Mr M Claydon - Trackside TV


Respondent: Mr M Baker - Trainer of SAKHEE'S SOLDIER


StipendSteward:


raceid: 558974eb7df66a99203c338132a3f187


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5ed7f07f0d155cc3c58d8a2779223ca3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/03/2015


meet_title: Auckland RC - 7 March 2015


meet_expappcomment:


meet_km:


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tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland RC