Archive Decision

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Avondale JC 8 May 2013 – R 5 (instigating a protest)

ID: JCA14130

Applicant:
Mr A Forsman - Trainer of Catalan King

Respondent(s):
Mr M Hills - Rider of Travel Wise, Mr A Peard - Stable Foreman -Travel Wise

Information Number:
A2832

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Avondale JC - 8 May 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/05/08

Race Number:
R5

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 5, The Original Aussie Butcher Kumeu 1400, an information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Forsman, alleged that Travel Wise placed 1st by the Judge interfered with the chances of Catalan King 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. 2  Travel Wise
2nd  No. 1  Catalan King
3rd  No. 4   Cee Tee Are
4th  No. 13  Nek Minnit

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 parties present acknowledged they understood the rule.

Submissions for Decision:

Mr Forsman submitted that Mr Bosson had to stop riding Catalan King with the whip over the final 6 or 7 strides because his line was being dictated to by Travel Wise. He demonstrated to the Committee that the back on film shows there was brief contact between the 2 horses.

Mr Bosson submitted Travel Wise had rolled out and touched his mount close to the finish. He said this resulted in his mount becoming slightly unbalanced and lose momentum. He believed the interference had cost him winning the race.

Mr Hills submitted his mount had come out to meet Mr Bosson's mount over the closing stages of the race. He believed the back on film was unable to determine any noticeable interference. He submitted Mr Bosson's mount had got his head in front but his mount fought back strongly to win the race.

Mr Peard submitted the 2 horses touched for 2 or 3 strides close to the finish line. He noted Mr Bosson did not stop riding his mount forward over the final stages. He was of the view that Travel Wise came back and out toughed Catalan King at the finish.

Mr Williamson when asked for the Stewards' interpretation of the alleged interference submitted that contact occurred close to the finish. However, he stated the gravity of the contact was hard to ascertain. He said the back on film did not clearly show any noticeable interference in the closing stages. He summed up by saying the Stewards would have difficulty supporting the protest.

Mr Forsman when given the opportunity to sum up had nothing further to add.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established at the 300 metres Travel Wise and Catalan King were both contesting the lead. We identified in the final straight both riders were pushing their mounts forward. At approximately the 50 metre mark we accept that there was a slight brush for 1 or 2 strides between the 2 horses. However, we note over the final 50 metres Mr Bosson continued to ride his mount out with vigour.

The Committee reviewed the back on film to determine if there was any significant interference. The film was inconclusive to say with any degree of certainty that had the slight brush not occurred Catalan King would have beaten Travel Wise.

For these reasons we are not satisfied that we can uphold the protest.

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: 9bc386e2bd2c93ee2324104a28af771f


informantnumber: A2832


horsename: Travel Wise


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 07/05/2013


hearing_title: Avondale JC 8 May 2013 - R 5 (instigating a protest)


charge:


facts:

Following the running of Race 5, The Original Aussie Butcher Kumeu 1400, an information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Forsman, alleged that Travel Wise placed 1st by the Judge interfered with the chances of Catalan King 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. 2  Travel Wise
2nd  No. 1  Catalan King
3rd  No. 4   Cee Tee Are
4th  No. 13  Nek Minnit

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 parties present acknowledged they understood the rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr Forsman submitted that Mr Bosson had to stop riding Catalan King with the whip over the final 6 or 7 strides because his line was being dictated to by Travel Wise. He demonstrated to the Committee that the back on film shows there was brief contact between the 2 horses.

Mr Bosson submitted Travel Wise had rolled out and touched his mount close to the finish. He said this resulted in his mount becoming slightly unbalanced and lose momentum. He believed the interference had cost him winning the race.

Mr Hills submitted his mount had come out to meet Mr Bosson's mount over the closing stages of the race. He believed the back on film was unable to determine any noticeable interference. He submitted Mr Bosson's mount had got his head in front but his mount fought back strongly to win the race.

Mr Peard submitted the 2 horses touched for 2 or 3 strides close to the finish line. He noted Mr Bosson did not stop riding his mount forward over the final stages. He was of the view that Travel Wise came back and out toughed Catalan King at the finish.

Mr Williamson when asked for the Stewards' interpretation of the alleged interference submitted that contact occurred close to the finish. However, he stated the gravity of the contact was hard to ascertain. He said the back on film did not clearly show any noticeable interference in the closing stages. He summed up by saying the Stewards would have difficulty supporting the protest.

Mr Forsman when given the opportunity to sum up had nothing further to add.


reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established at the 300 metres Travel Wise and Catalan King were both contesting the lead. We identified in the final straight both riders were pushing their mounts forward. At approximately the 50 metre mark we accept that there was a slight brush for 1 or 2 strides between the 2 horses. However, we note over the final 50 metres Mr Bosson continued to ride his mount out with vigour.

The Committee reviewed the back on film to determine if there was any significant interference. The film was inconclusive to say with any degree of certainty that had the slight brush not occurred Catalan King would have beaten Travel Wise.

For these reasons we are not satisfied that we can uphold the protest.


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 A Forsman - Trainer of Catalan King


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Williamson - Stipendiary Steward, Mr O Bosson - Rider of Catalan King


Respondent: Mr M Hills - Rider of Travel Wise, Mr A Peard - Stable Foreman -Travel Wise


StipendSteward:


raceid: 3e4efa92f7486a89fbdd8ccd5a8b5b58


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ccbc9e46262937db80e8edff572d00d6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/05/2013


meet_title: Avondale JC - 8 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Avondale JC