Archive Decision

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Canterbury JC 11 November 2015 – R 5 (instigating a protest) – Chair, Mrs N Moffatt

ID: JCA13654

Applicant:
Mr A Cowan - Trainer of SIGNIFY

Information Number:
A6391

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 11 November 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/11

Race Number:
R 5

Decision:

Accordingly the protest was dismissed and placings allowed to stand as called by the judge.

Dividends were directed to be paid accordingly.

Facts:

Following Race 5, Yesberg Insurance Services Pegasus Stakes Handicap, a protest was lodged pursuant to Rule 642(1) by Mr A Cowan alleging that horse number 7 (DON CARLO) or its rider placed 2nd by the Judge interfered with the chances of horse number 1 (SIGNIFY), placed 3rd by the Judge.

The information alleged that interference happened near the 600m.

Judges placings were:
1st - ENZO’S LAD (9)
2nd - DON CARLO (7)
3rd - SIGNIFY (1)
4th - MORSE CODE (5)

The official margin between second and third placed horses was a head.

Submissions for Decision:

Mr Cowan instigated the protest and told the Committee that prior to seeing the films of the race he noticed, while watching the race live from the grandstand, that Mr Racha Cuneen (SIGNIFY) eased up around the 600m. His horse finished on well into third place. After talking with Mr Cuneen following the race they elected to protest against the second placed horse, DON CARLO.

Mr Davidson played all the available films of the incident and identified the horses involved. Mr Cowan showed DON CARLO racing on the outside of SIGNIFY then coming across forward of where he should have been, to take the line of SIGNIFY, causing that horse to check. SIGNIFY had to recover from the interference and then ran on to get within a head of DON CARLO.

Mr Cuneen (rider of SIGNIFY) said he was holding his ground when the horse outside of him, DON CARLO, came across quite sharply and took his line. He said he almost clipped a heel and it cost him ½-1 length. Mr Cuneen added that SIGNIFY was carrying 60kgs and following the interference he had to “gather himself up” whereupon he was only beaten a head for second. He believed it affected his chances.

Mr Daly, the trainer of DON CARLO, said there was still a clear gap for SIGNIFY to go through if his rider had chosen to take it. He believed SIGNIFY pulled up before the gap closed. Mr Daly also said his horse was having its first start with blinkers on and it was over-racing as a result. He conceded that SIGNIFY had been slightly impeded but said he had the remainder of the straight to get past DON CARLO yet DON CARLO was always holding SIGNIFY right to the line.

Ms Williams agreed her horse DON CARLO was over-racing, but she also alleged movement outwards from Mr Cameron’s horse, which she said contributed to the gap closing on SIGNIFY. Further on towards the finish, Ms Williams said her horse didn’t help itself by running away from the winner, ENZO’S LAD. If it had run straight, Ms Williams said she would have beaten SIGNIFY by an even larger margin. She said SIGNIFY had 500m to get past DON CARLO but failed to do so, despite her having to stop riding her mount for a few strides when it ducked out just prior to the finish.

For the Stewards Mr Oatham said it was clear there was some interference to SIGNIFY but it was unfortunate that the best film was not a true head-on and it was somewhat inconclusive as to what actually happened. The Stewards believed that there was movement from Mr Cameron’s mount KINGAGAT as it steadied off heels, and that it may have moved SIGNIFY out towards DON CARLO. Mr Oatham said the Stewards also had some doubt as to whether SIGNIFY would have beaten DON CARLO home.

Reasons for Decision:

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.

Rule 641 requires us in the first instance to determine if interference occurred. Mr Cuneen was quite clear in his evidence that he had his line of running taken near the 600m. Mr Cowan noticed it while watching the race live and the films confirmed that SIGNIFY was checked.

We were satisfied that some interference occurred around the 600m stage of the race.

We were not satisfied however that DON CARLO was the sole contributor. Matt Cameron could be seen pulling the head of KINGAGAT outwards in an attempt to ease off heels. SIGNIFY was racing between these 2 horses and, in our opinion, both horses contributed to the interference; DON CARLO by moving in and KINGAGAT by moving outwards (but to a lesser degree).

In addition, taking into account the fact that the incident occurred near the 600m, SIGNIFY had the opportunity to make up ground on DON CARLO who was holding him at the line.

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: 54a8abe192ff36ffff7af14c7d123c3b


informantnumber: A6391


horsename: DON CARLO


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/11/2017


hearing_title: Canterbury JC 11 November 2015 - R 5 (instigating a protest) - Chair, Mrs N Moffatt


charge:


facts:

Following Race 5, Yesberg Insurance Services Pegasus Stakes Handicap, a protest was lodged pursuant to Rule 642(1) by Mr A Cowan alleging that horse number 7 (DON CARLO) or its rider placed 2nd by the Judge interfered with the chances of horse number 1 (SIGNIFY), placed 3rd by the Judge.

The information alleged that interference happened near the 600m.

Judges placings were:
1st - ENZO’S LAD (9)
2nd - DON CARLO (7)
3rd - SIGNIFY (1)
4th - MORSE CODE (5)

The official margin between second and third placed horses was a head.


appealdecision:


isappeal:


submissionsfordecision:

Mr Cowan instigated the protest and told the Committee that prior to seeing the films of the race he noticed, while watching the race live from the grandstand, that Mr Racha Cuneen (SIGNIFY) eased up around the 600m. His horse finished on well into third place. After talking with Mr Cuneen following the race they elected to protest against the second placed horse, DON CARLO.

Mr Davidson played all the available films of the incident and identified the horses involved. Mr Cowan showed DON CARLO racing on the outside of SIGNIFY then coming across forward of where he should have been, to take the line of SIGNIFY, causing that horse to check. SIGNIFY had to recover from the interference and then ran on to get within a head of DON CARLO.

Mr Cuneen (rider of SIGNIFY) said he was holding his ground when the horse outside of him, DON CARLO, came across quite sharply and took his line. He said he almost clipped a heel and it cost him ½-1 length. Mr Cuneen added that SIGNIFY was carrying 60kgs and following the interference he had to “gather himself up” whereupon he was only beaten a head for second. He believed it affected his chances.

Mr Daly, the trainer of DON CARLO, said there was still a clear gap for SIGNIFY to go through if his rider had chosen to take it. He believed SIGNIFY pulled up before the gap closed. Mr Daly also said his horse was having its first start with blinkers on and it was over-racing as a result. He conceded that SIGNIFY had been slightly impeded but said he had the remainder of the straight to get past DON CARLO yet DON CARLO was always holding SIGNIFY right to the line.

Ms Williams agreed her horse DON CARLO was over-racing, but she also alleged movement outwards from Mr Cameron’s horse, which she said contributed to the gap closing on SIGNIFY. Further on towards the finish, Ms Williams said her horse didn’t help itself by running away from the winner, ENZO’S LAD. If it had run straight, Ms Williams said she would have beaten SIGNIFY by an even larger margin. She said SIGNIFY had 500m to get past DON CARLO but failed to do so, despite her having to stop riding her mount for a few strides when it ducked out just prior to the finish.

For the Stewards Mr Oatham said it was clear there was some interference to SIGNIFY but it was unfortunate that the best film was not a true head-on and it was somewhat inconclusive as to what actually happened. The Stewards believed that there was movement from Mr Cameron’s mount KINGAGAT as it steadied off heels, and that it may have moved SIGNIFY out towards DON CARLO. Mr Oatham said the Stewards also had some doubt as to whether SIGNIFY would have beaten DON CARLO home.


reasonsfordecision:

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.

Rule 641 requires us in the first instance to determine if interference occurred. Mr Cuneen was quite clear in his evidence that he had his line of running taken near the 600m. Mr Cowan noticed it while watching the race live and the films confirmed that SIGNIFY was checked.

We were satisfied that some interference occurred around the 600m stage of the race.

We were not satisfied however that DON CARLO was the sole contributor. Matt Cameron could be seen pulling the head of KINGAGAT outwards in an attempt to ease off heels. SIGNIFY was racing between these 2 horses and, in our opinion, both horses contributed to the interference; DON CARLO by moving in and KINGAGAT by moving outwards (but to a lesser degree).

In addition, taking into account the fact that the incident occurred near the 600m, SIGNIFY had the opportunity to make up ground on DON CARLO who was holding him at the line.


Decision:

Accordingly the protest was dismissed and placings allowed to stand as called by the judge.

Dividends were directed to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr A Cowan - Trainer of SIGNIFY


JockeysandTrainer:


Otherperson:


PersonPresent: Mr R Cuneen - Rider of SIGNIFY, Mr M Daly - Trainer of DON CARLO, Mr J Oatham - Chief Stipendiary Steward, Mr M Davidson - Stipendiary Steward


Respondent:


StipendSteward:


raceid: 2ed1aa746829a6806f7243ca3494046c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


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meetid: dd56c56321a8e47debd81ea7648f6e69


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2017


meet_title: Canterbury Racing - 11 November 2017


meet_expappcomment:


meet_km:


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tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing