Auckland TC 18 January 2019 – R 2 (instigating a protest) – Chair, Mr A Smith
ID: JCA11795
Meet Title:
Auckland TC - 18 January 2019
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2019/01/18
Race Number:
R2
Decision:
The protest is dismissed and the Judge’s provisional placings are confirmed.
In accordance with its decision the Committee authorised the payment of dividends as follows:
1st - no 7 MOHS EM DOWN
2nd - no 8 GAMBIT
3rd - no 2 GHOSTWRITER
4th - no 1 SILVIA
Facts:
Following the running of race 2, The Alex Bar & Eatery Mobile Pace, an Information was filed by the connections of the 4th placed horse SILVIA, alleging that interference had been caused by the 3rd placed horse GHOSTWRITER.
The basis of the protest is that the passing lane regulations were breached by 3rd placed GHOSTWRITER causing interference to the 4th placed SILVIA.
The provisional placings were:
1st - no 7 MOHS EM DOWN
2nd - no 8 GAMBIT
3rd - no 2 GHOSTWRITER
4th - no 1 SILVIA
Mr Mulcay read the applicable rules in relation to the protest.
Rule 869A (2) provides:
(1) For the purpose of this rule:
(a) “placed horse” means a horse placed by the Judge1st, 2nd, 3rd,4th or 5th;
(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Rule 869 (4) states: No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or its progress.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations states:
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Clause 6 of the Passing Lanes, False Rails and Home Straight Regulations states:
Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
Submissions for Decision:
Mr Muirhead demonstrated the incident by way of all available video footage. He identified the horses concerned and gave a brief outline of the alleged incident. This showed that entering the home straight MOH EM DOWN was in the lead. In the trail was GHOSTWRITER and directly behind that horse was SILVIA. Prior to the passing lane the leader shifted outward and GHOSTWRITER established himself as the lead horse on the running line. As a result SILVIA was in the trail and entitled to the use of the passing lane. Just passing the 150m GHOSTWRITER commenced to shift inward and took the running line of SILVIA who had to be eased and checked.
Mr Mangos submitted that coming around the turn he was 2-3 lengths off the lead and on the back of GHOSTWRITER, who was in front of him but about half a cart off the markers. He thought that there was plenty of room along the passing lane but when he improved to the inside of GHOSTWRITER the gap gradually closed until there was no gap. Mr Mangos said that he was going well at the time and as a result SILVIA lost all momentum. Mr Mangos said that in his opinion SILVIA could have run 2nd and would have beaten the 3rd horse GHOSTWRITER had the interference not occurred.
When invited to comment Mr Parker said he agreed with Mr Mangos and had nothing further to add.
Mr Phelan submitted that the gap on the passing lane did look to close and GHOSTWRITER didn’t help the situation by eventually drifting down towards the markers. He said GHOSTWRITER was tiring and SILVIA would not have beaten GHOSTWRITER with a clear run as it was struggling to get into the gap.
Mr Abernethy said there was a little interference, however, he maintained there was never a gap sufficient enough for SILVIA to improve into. Mr Abernethy did concede that he had taken SILVIA’s running line but in his opinion the interference was not enough to change the placings.
On behalf of the Stewards Mr Muirhead submitted that he did not agree with Mr Phelan’s comments regarding the availability of a run on the passing lane for SILVIA. He said as a result of the interference SILVIA had to ease and change direction to obtain a clear run to the finish line. Mr Muirhead said the finishing margin was 1.5 lengths and he could not be certain that the interference received equated to the beaten margin.
Reasons for Decision:
The Committee carefully considered and assessed the submissions of all parties. In addition the Committee viewed the video footage several times. Having weighed up all the evidence the Committee has determined that GHOSTWRITER did shift into the passing lane when not entitled to do so and as a result caused interference to SILVIA. As a result of this interference SILVIA had to ease and change direction to obtain a clear run to the line.
Given the nature of the interference, the beaten margin (1.5 lengths), where the interference occurred and how both horses were finishing the race prior to and after the interference, the Committee, whilst satisfied that interference did occur, were not of the opinion that but for the interference SILVIA would have finished ahead of GHOSTWRITER.
On this basis the protest is dismissed.
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: 2c210af87a36b694c3123ad4fcb0e1e4
informantnumber: A10713
horsename: GHOSTWRITER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2019
hearing_title: Auckland TC 18 January 2019 - R 2 (instigating a protest) - Chair, Mr A Smith
charge:
facts:
Following the running of race 2, The Alex Bar & Eatery Mobile Pace, an Information was filed by the connections of the 4th placed horse SILVIA, alleging that interference had been caused by the 3rd placed horse GHOSTWRITER.
The basis of the protest is that the passing lane regulations were breached by 3rd placed GHOSTWRITER causing interference to the 4th placed SILVIA.
The provisional placings were:
1st - no 7 MOHS EM DOWN
2nd - no 8 GAMBIT
3rd - no 2 GHOSTWRITER
4th - no 1 SILVIA
Mr Mulcay read the applicable rules in relation to the protest.
Rule 869A (2) provides:
(1) For the purpose of this rule:
(a) “placed horse” means a horse placed by the Judge1st, 2nd, 3rd,4th or 5th;
(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Rule 869 (4) states: No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or its progress.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations states:
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Clause 6 of the Passing Lanes, False Rails and Home Straight Regulations states:
Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by way of all available video footage. He identified the horses concerned and gave a brief outline of the alleged incident. This showed that entering the home straight MOH EM DOWN was in the lead. In the trail was GHOSTWRITER and directly behind that horse was SILVIA. Prior to the passing lane the leader shifted outward and GHOSTWRITER established himself as the lead horse on the running line. As a result SILVIA was in the trail and entitled to the use of the passing lane. Just passing the 150m GHOSTWRITER commenced to shift inward and took the running line of SILVIA who had to be eased and checked.
Mr Mangos submitted that coming around the turn he was 2-3 lengths off the lead and on the back of GHOSTWRITER, who was in front of him but about half a cart off the markers. He thought that there was plenty of room along the passing lane but when he improved to the inside of GHOSTWRITER the gap gradually closed until there was no gap. Mr Mangos said that he was going well at the time and as a result SILVIA lost all momentum. Mr Mangos said that in his opinion SILVIA could have run 2nd and would have beaten the 3rd horse GHOSTWRITER had the interference not occurred.
When invited to comment Mr Parker said he agreed with Mr Mangos and had nothing further to add.
Mr Phelan submitted that the gap on the passing lane did look to close and GHOSTWRITER didn’t help the situation by eventually drifting down towards the markers. He said GHOSTWRITER was tiring and SILVIA would not have beaten GHOSTWRITER with a clear run as it was struggling to get into the gap.
Mr Abernethy said there was a little interference, however, he maintained there was never a gap sufficient enough for SILVIA to improve into. Mr Abernethy did concede that he had taken SILVIA’s running line but in his opinion the interference was not enough to change the placings.
On behalf of the Stewards Mr Muirhead submitted that he did not agree with Mr Phelan’s comments regarding the availability of a run on the passing lane for SILVIA. He said as a result of the interference SILVIA had to ease and change direction to obtain a clear run to the finish line. Mr Muirhead said the finishing margin was 1.5 lengths and he could not be certain that the interference received equated to the beaten margin.
reasonsfordecision:
The Committee carefully considered and assessed the submissions of all parties. In addition the Committee viewed the video footage several times. Having weighed up all the evidence the Committee has determined that GHOSTWRITER did shift into the passing lane when not entitled to do so and as a result caused interference to SILVIA. As a result of this interference SILVIA had to ease and change direction to obtain a clear run to the line.
Given the nature of the interference, the beaten margin (1.5 lengths), where the interference occurred and how both horses were finishing the race prior to and after the interference, the Committee, whilst satisfied that interference did occur, were not of the opinion that but for the interference SILVIA would have finished ahead of GHOSTWRITER.
On this basis the protest is dismissed.
Decision:
The protest is dismissed and the Judge’s provisional placings are confirmed.
In accordance with its decision the Committee authorised the payment of dividends as follows:
1st - no 7 MOHS EM DOWN
2nd - no 8 GAMBIT
3rd - no 2 GHOSTWRITER
4th - no 1 SILVIA
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: Mr B Mangos - Trainer and Driver of SILVIA
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Senior Stipendiary Steward, Mr S Mulcay - Senior Stipendiary Steward, Mr A Parker - Owner of SILVIA, Mr S Abernethy - Driver of GHOSTWRITER
Respondent: Mr S Phelan - Representing B.Purdon trainer of GHOST WRITER
StipendSteward:
raceid: 4860e6372c125a2e8031bc2c8deb64fa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 078c09ab29dfc44f46963295ca17897c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/01/2019
meet_title: Auckland TC - 18 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
meet_pm2: none
name: Auckland TC