Archive Decision

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Canterbury R 10 November 2018 – R 8 (Instigating a Protest) Chair, Mr S Ching

ID: JCA16329

Applicant:
R Didham-Licensed Trainer

Respondent(s):
M McCann-Licensed Trainer, R Mudhoo-Class B Rider

Information Number:
A10083

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 10 November 2018

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/11/10

Race Number:
R8

Decision:

The protest was dismissed with the Judge’s official placings confirmed with dividends and stakes paid in accordance with that result.

Facts:

Following the running of Race 8, the Gold Club Premier, an Information Instigating a Protest was filed by the connections of 2nd placed JIN LU, ridden by Mr O Bosson, alleging interference by 1st placed MONZA CIRCUITO, ridden by Mr R Mudhoo, over the concluding stages.

The Judge's placings in this race were as follows.

1st MONZA CIRCUITO (8)
2nd JIN LU (1)
3rd SPLENDIOR (15)
4th ALBUT ME (2)
5th SO BRAZEN (14)
6th CASUAL WINKS (17)

Rule 642(1) provides as follows.

“If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another 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.”

The connections of JIN LU were represented at this hearing by Trainer Mr R Didham and rider, Mr O Bosson, with the connections of MONZA CIRCUITO represented by Trainer, Mr M McCann and rider Mr R Mudhoo. All parties agreed that they understood the Rule and the nature of the protest.

Submissions for Decision:

Informant, Mr Didham gave evidence and used the available films to show that in the early stages of the home run, MONZA CIRCUITO, was racing mid track with JIN LU racing just behind and to the outside of MONZA CIRCUITO. Mr Didham stated that JIN LU was making a run to the outside of MONZA CIRCUITO when that horse began to shift out, forcing JIN LU over extra ground with Mr Bosson having to stop riding. He said that although JIN LU shifted in when MONZA CIRCUITO shifted out on a second occasion, this movement forced Mr Bosson to stop using the whip and cost his horse momentum. Mr Didham also stated that JIN LU recovered and ran on strongly to finish only a ½ head margin from MONZA CIRCUITO. Mr Didham stated that if JIN LU could have been ridden out fully in the straight, the horse would have won. He said the margin could have been a ½ head the other way.

Rider O Bosson stated that he was making a run to come up alongside MONZA CIRCUITO when that horse shifted out quite sharply, taking him off his line. He said, that with 59.5kgs on the horse's back, it has taken a lot of momentum out of his horse, and he had to rebalance the horse. Mr Bosson stated that MONZA CIRCUITO has taken him out 2 horse widths. He said at the 100m, he acknowledged that he has shifted in a fraction, but MONZA CIRCUITO has rolled out to him again making contact, and again has had to stop riding, put the stick away. Mr Bosson stated that he has rebalanced and run on again to finish a close 2nd to the winner by a ½ head margin.

Mr McCann, as respondent gave evidence and used the available films, to point out that Mr Mudhoo stopped riding on both occasions to straighten MONZA CIRCUITO. He said that on the second occasion, JIN LU, has shifted in on MONZA CIRCUITO and both horses have come together. Mr Mudhoo stated that the first shift was when his horse changed legs and shifted out abruptly. Mr McCann said regardless of the weight, his horse held the advantage over JIN LU for the entire straight.

The officiating Stipendiary Steward for the meeting, Mr Oatham, was asked for his interpretation of the incident. He stated that the Stewards' view of this incident was that Mr Mudhoo has shifted out quite abruptly at the 200m with no contact being made at this point. Mr Bosson, he said, did not have to stop riding and it is clear that JIN LU has suffered some interference in this incident and is forced wider at this point in the race. He added that in the Stewards' view, this was the only point of interference that the Committee should judge the protest on. Mr Oatham stated that the 2nd part of the alleged interference was the cause of the outside horse, JIN LU, shifting in the greatest and making slight contact with MONZA CIRCUITO. He added that Mr Bosson’s horse was making ground over the final stages, and with the official margin of ½ a head. He stated that it was up to the Committee to determine that but for the interference suffered to JIN LU by MONZA CIRCUITO at the 200m, would JIN LU have beaten MONZA CIRCUITO.

Reasons for Decision:

We carefully considered the evidence given and the video coverage of the incidents. The Committee was satisfied that MONZA CIRCUITO had abruptly shifted ground outwards near the 200m and forced JIN LU wider on the track. We found that there was no contact and interference to a degree, had occurred in this incident, which we determined was no more than an inconvenience. Of note we found that Mr Bosson had put the whip away but continued on riding his horse out through this incident and therefore was only slightly inconvenienced. We also found that JIN LU appeared to stay balanced and continue improving throughout this incident.

The second incident, we determined, was attributable to both horses shifting together and therefore did not take this incident into consideration with the protest.

We were therefore only viewing the first incident, in regard to the protest, and as already stated above, determined that there was some interference suffered, but only to a low degree.

Taking all factors into consideration, including the margin of a ½ head, this Committee was not satisfied, on the balance of probabilities, that but for the interference received, JIN LU would have beaten MONZA CIRCUITO. We therefore determined that the protest be 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: db584f87fd2f74eb0f91597db3b4c80b


informantnumber: A10083


horsename: MONZA CIRCUITO


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 13/11/2018


hearing_title: Canterbury R 10 November 2018 - R 8 (Instigating a Protest) Chair, Mr S Ching


charge:


facts:

Following the running of Race 8, the Gold Club Premier, an Information Instigating a Protest was filed by the connections of 2nd placed JIN LU, ridden by Mr O Bosson, alleging interference by 1st placed MONZA CIRCUITO, ridden by Mr R Mudhoo, over the concluding stages.

The Judge's placings in this race were as follows.

1st MONZA CIRCUITO (8)
2nd JIN LU (1)
3rd SPLENDIOR (15)
4th ALBUT ME (2)
5th SO BRAZEN (14)
6th CASUAL WINKS (17)

Rule 642(1) provides as follows.

“If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another 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.”

The connections of JIN LU were represented at this hearing by Trainer Mr R Didham and rider, Mr O Bosson, with the connections of MONZA CIRCUITO represented by Trainer, Mr M McCann and rider Mr R Mudhoo. All parties agreed that they understood the Rule and the nature of the protest.


appealdecision:


isappeal:


submissionsfordecision:

Informant, Mr Didham gave evidence and used the available films to show that in the early stages of the home run, MONZA CIRCUITO, was racing mid track with JIN LU racing just behind and to the outside of MONZA CIRCUITO. Mr Didham stated that JIN LU was making a run to the outside of MONZA CIRCUITO when that horse began to shift out, forcing JIN LU over extra ground with Mr Bosson having to stop riding. He said that although JIN LU shifted in when MONZA CIRCUITO shifted out on a second occasion, this movement forced Mr Bosson to stop using the whip and cost his horse momentum. Mr Didham also stated that JIN LU recovered and ran on strongly to finish only a ½ head margin from MONZA CIRCUITO. Mr Didham stated that if JIN LU could have been ridden out fully in the straight, the horse would have won. He said the margin could have been a ½ head the other way.

Rider O Bosson stated that he was making a run to come up alongside MONZA CIRCUITO when that horse shifted out quite sharply, taking him off his line. He said, that with 59.5kgs on the horse's back, it has taken a lot of momentum out of his horse, and he had to rebalance the horse. Mr Bosson stated that MONZA CIRCUITO has taken him out 2 horse widths. He said at the 100m, he acknowledged that he has shifted in a fraction, but MONZA CIRCUITO has rolled out to him again making contact, and again has had to stop riding, put the stick away. Mr Bosson stated that he has rebalanced and run on again to finish a close 2nd to the winner by a ½ head margin.

Mr McCann, as respondent gave evidence and used the available films, to point out that Mr Mudhoo stopped riding on both occasions to straighten MONZA CIRCUITO. He said that on the second occasion, JIN LU, has shifted in on MONZA CIRCUITO and both horses have come together. Mr Mudhoo stated that the first shift was when his horse changed legs and shifted out abruptly. Mr McCann said regardless of the weight, his horse held the advantage over JIN LU for the entire straight.

The officiating Stipendiary Steward for the meeting, Mr Oatham, was asked for his interpretation of the incident. He stated that the Stewards' view of this incident was that Mr Mudhoo has shifted out quite abruptly at the 200m with no contact being made at this point. Mr Bosson, he said, did not have to stop riding and it is clear that JIN LU has suffered some interference in this incident and is forced wider at this point in the race. He added that in the Stewards' view, this was the only point of interference that the Committee should judge the protest on. Mr Oatham stated that the 2nd part of the alleged interference was the cause of the outside horse, JIN LU, shifting in the greatest and making slight contact with MONZA CIRCUITO. He added that Mr Bosson’s horse was making ground over the final stages, and with the official margin of ½ a head. He stated that it was up to the Committee to determine that but for the interference suffered to JIN LU by MONZA CIRCUITO at the 200m, would JIN LU have beaten MONZA CIRCUITO.


reasonsfordecision:

We carefully considered the evidence given and the video coverage of the incidents. The Committee was satisfied that MONZA CIRCUITO had abruptly shifted ground outwards near the 200m and forced JIN LU wider on the track. We found that there was no contact and interference to a degree, had occurred in this incident, which we determined was no more than an inconvenience. Of note we found that Mr Bosson had put the whip away but continued on riding his horse out through this incident and therefore was only slightly inconvenienced. We also found that JIN LU appeared to stay balanced and continue improving throughout this incident.

The second incident, we determined, was attributable to both horses shifting together and therefore did not take this incident into consideration with the protest.

We were therefore only viewing the first incident, in regard to the protest, and as already stated above, determined that there was some interference suffered, but only to a low degree.

Taking all factors into consideration, including the margin of a ½ head, this Committee was not satisfied, on the balance of probabilities, that but for the interference received, JIN LU would have beaten MONZA CIRCUITO. We therefore determined that the protest be dismissed.


Decision:

The protest was dismissed with the Judge’s official placings confirmed with dividends and stakes paid in accordance with that result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: R Didham-Licensed Trainer


JockeysandTrainer:


Otherperson:


PersonPresent: O Bosson-Class A Rider, Mr J Oatham - Chief Stipendiary Steward


Respondent: M McCann-Licensed Trainer, R Mudhoo-Class B Rider


StipendSteward:


raceid: f96a71b16c8cc8a16b1436c9724d9068


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: 53ba8b769d1bed32013d481e704b2584


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/11/2018


meet_title: Canterbury Racing - 10 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing