Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Counties RC 15 July 2020 – R 5 (Instigating a Protest) – Chair, Mr B Scott

ID: JCA12495

Applicant:
Mr G Thomas - Trainer of BONJOUR

Respondent(s):
Mr PW Lock and Mr T Sargent owners of THE VILLAIN

Information Number:
A13808

Hearing Type:
Protest

Rules:
Rule 642(1)

Code:
Thoroughbred

Meet Title:
Counties RC - 15 July 2020

Meet Chair:
BScott

Race Date:
2020/07/15

Race Number:
R5

Decision:

The Protest is upheld and THE VILLAIN is relegated from first to second and BONJOUR is promoted from second to first.

The amended placings are now : first (6) BONJOUR

                                                   second (1)  THE VILLAIN

                                                   third     (2)  YOU ARE SO VAIN

                                                   fourth  (7)   RED RUSHIN

                                                   fifth     (5)   BLACK TECH

It is ordered that dividends and stakes be paid in accordance with the amended placings.

Facts:

Following the running of the HAUNUI FARM 1300 an Information Instigating a Protest was lodged by Mr G Thomas the Trainer of the second placed horse BONJOUR against the first placing of THE VILLAIN trained by Mr P Lock.

Rule 642(1) provides: 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.

At the commencement of the Hearing the Committee advised the parties that there were 2 elements to the Protest Rule, these being firstly, that interference occurred and secondly, that but for the interference, the second placed horse (in this instance) would have beaten the first placed horse.

Stipendiary Steward Mr Coles advised that the winning margin was a nose.

Mr Thomas used the race films to demonstrate the incident and showed where down the straight BONJOUR was on the outside of THE VILLAIN and both were finishing on. He showed where THE VILLAIN ran out 4 times in the run to the finish and bumped his horse with the first bump being at about the 100 metres mark and the last one being just short of the winning post. He said that the films showed there was contact between the 2 horses and on at least 2 occasions Mr McKay had to stop riding his horse. He said that as a result of the interference his horse lost momentum.

Mr McKay agreed with Mr Thomas' comments and also said that not only was there contact but also that on one occasion Mr Grylls  on the outside of him riding YOU ARE SO VAIN had to stop riding his horse because BONJOUR had been pushed out into his line.

Ms Satherley said that BONJOUR was outside of her horse all the way and that Mr McKay never stopped riding his horse. She also said that her horse may have brushed against BONJOUR but it did not take its line.

Mr Lock also confirmed Ms Satherley's comments and said that both horses were green but in his opinion BONJOUR was never going to beat his horse.

Stipendiary Steward Mr Coles said that there was reasonable contact between the 2 horses particularly the third time. He said that in the Stewards' opinion there was some merit in the Protest.

Submissions for Decision:

Mr Thomas said the films clearly showed the interference to his horse and that such interference had cost it momentum. He pointed to the margin between the first 2 being only a nose and that his horse was catching THE VILLAIN despite the fact that its momentum had been checked several times.

Mr Lock said that the two horses were first starters and raced greenly. He said that Mr McKay never stopped riding BONJOUR and as far as he was concerned his horse was always going to win the race.

Mr Coles submitted that the Protest had merit.

Reasons for Decision:

The race films very clearly show the incident. THE VILLAIN has bumped BONJOUR several times in the last 100 metres or so. There were 2 significant bumps including the one which resulted in Mr Grylls having to briefly stop riding his horse. Mr McKay had to stop riding BONJOUR briefly on probably 2 occasions.

The Committee finds that firstly, interference clearly occurred and as a result, the momentum of BONJOUR was checked and secondly, but for the interference, this Committee finds that BONJOUR would have beaten THE VILLAIN.

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: 629cbf3b58f98614932f2b7079ccb28a


informantnumber: A13808


horsename: THE VILLAIN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 17/07/2020


hearing_title: Counties RC 15 July 2020 - R 5 (Instigating a Protest) - Chair, Mr B Scott


charge:


facts:

Following the running of the HAUNUI FARM 1300 an Information Instigating a Protest was lodged by Mr G Thomas the Trainer of the second placed horse BONJOUR against the first placing of THE VILLAIN trained by Mr P Lock.

Rule 642(1) provides: 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.

At the commencement of the Hearing the Committee advised the parties that there were 2 elements to the Protest Rule, these being firstly, that interference occurred and secondly, that but for the interference, the second placed horse (in this instance) would have beaten the first placed horse.

Stipendiary Steward Mr Coles advised that the winning margin was a nose.

Mr Thomas used the race films to demonstrate the incident and showed where down the straight BONJOUR was on the outside of THE VILLAIN and both were finishing on. He showed where THE VILLAIN ran out 4 times in the run to the finish and bumped his horse with the first bump being at about the 100 metres mark and the last one being just short of the winning post. He said that the films showed there was contact between the 2 horses and on at least 2 occasions Mr McKay had to stop riding his horse. He said that as a result of the interference his horse lost momentum.

Mr McKay agreed with Mr Thomas' comments and also said that not only was there contact but also that on one occasion Mr Grylls  on the outside of him riding YOU ARE SO VAIN had to stop riding his horse because BONJOUR had been pushed out into his line.

Ms Satherley said that BONJOUR was outside of her horse all the way and that Mr McKay never stopped riding his horse. She also said that her horse may have brushed against BONJOUR but it did not take its line.

Mr Lock also confirmed Ms Satherley's comments and said that both horses were green but in his opinion BONJOUR was never going to beat his horse.

Stipendiary Steward Mr Coles said that there was reasonable contact between the 2 horses particularly the third time. He said that in the Stewards' opinion there was some merit in the Protest.


appealdecision:


isappeal:


submissionsfordecision:

Mr Thomas said the films clearly showed the interference to his horse and that such interference had cost it momentum. He pointed to the margin between the first 2 being only a nose and that his horse was catching THE VILLAIN despite the fact that its momentum had been checked several times.

Mr Lock said that the two horses were first starters and raced greenly. He said that Mr McKay never stopped riding BONJOUR and as far as he was concerned his horse was always going to win the race.

Mr Coles submitted that the Protest had merit.


reasonsfordecision:

The race films very clearly show the incident. THE VILLAIN has bumped BONJOUR several times in the last 100 metres or so. There were 2 significant bumps including the one which resulted in Mr Grylls having to briefly stop riding his horse. Mr McKay had to stop riding BONJOUR briefly on probably 2 occasions.

The Committee finds that firstly, interference clearly occurred and as a result, the momentum of BONJOUR was checked and secondly, but for the interference, this Committee finds that BONJOUR would have beaten THE VILLAIN.


Decision:

The Protest is upheld and THE VILLAIN is relegated from first to second and BONJOUR is promoted from second to first.

The amended placings are now : first (6) BONJOUR

                                                   second (1)  THE VILLAIN

                                                   third     (2)  YOU ARE SO VAIN

                                                   fourth  (7)   RED RUSHIN

                                                   fifth     (5)   BLACK TECH

It is ordered that dividends and stakes be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 642(1)


Informant: Mr G Thomas - Trainer of BONJOUR


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S McKay - Rider of BONJOUR, Mr P Lock - Trainer of THE VILLAIN, Ms L Satherley - Rider of THE VILLAIN, Mr B Jones - Stipendiary Steward


Respondent: Mr PW Lock and Mr T Sargent owners of THE VILLAIN


StipendSteward:


raceid: 8bf536697a13843fe2f8eb3985b1faf3


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: 76849d6889aba1ad0ae31077d6cd6429


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/07/2020


meet_title: Counties RC - 15 July 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: none


meet_pm2: none


name: Counties RC