Archive Decision

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Hawke’s Bay RI 12 November 2017 R2 (instigating a protest) – Chair, Mr T Utikere

ID: JCA13373

Applicant:
Ms L Hemi - Rider of WAR HERO

Respondent(s):
Mr C Johnson - Rider COWBOYS DONT CRY, Ms R Frost - Trainer of WAR HERO, Ms K Byrne- Trainer of COWBOYS DONT CRY

Information Number:
A8791

Hearing Type:
Protest

Rules:
Rule 642(1)

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 12 November 2017

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2017/11/12

Race Number:
R2

Decision:

Accordingly, the protest is dismissed. Placings are confirmed as:

1st - (3) GAME OVER
2nd - (4) CORNERSTONE
3rd - (2) COWBOYS DONT CRY
4th - (7) WAR HERO
5th - (1) LUCQUIDE
6th - (10) PATRICIA ROSE

The committee authorises the payment of dividends and stake monies in accordance with this decision. 

Facts:

Following the running of Race 2 (Stella Artois 2100m), Information A8791 was filed with the Judicial Committee. It instigated a protest under the provision of Rule 642(1) alleging that COWBOYS DONT CRY placed third by the judge interfered with the chances of WAR HERO placed fourth by the judge. It alleged "interference in the home straight passing the 100m".

The provisional placings were:

1st - (3) GAME OVER
2nd - (4) CORNERSTONE
3rd - (2) COWBOYS DONT CRY
4th - (7) WAR HERO
5th - (1) LUCQUIDE
6th - (10) PATRICIA ROSE

The margin between third and fourth was 3/4 length.

Submissions for Decision:

Using the head-on film, Stipendiary Steward, Mr Balcombe identified COWBOYS DONT CRY (C Johnson), with WAR HERO (L Hemi) racing directly behind that runner as they approached the 100 metres.

Using the head-on film, Ms Hemi stated that she was about to take a run to the outside of COWBOYS DONT CRY, when Mr Johnson's mount had run out into her line resulting in her horse losing its momentum. She reiterated that it was clear on the films that Mr Johnson had "ducked out" and that as her horse was a big horse, it had taken a few strides for it to get going again. She reminded the Committee that as it was a staying race, it made it more difficult for WAR HERO to get going after the interference. She also used the side-on film to suggest that contact had been made as her horse had changed legs as a result.

Ms Frost believed that WAR HERO was clearly going to go past COWBOYS DONT CRY, and that that the side-on film demonstrated that it had started to pick up its momentum again in the run to the line.

Mr Johnson was concise with his submissions, stating that while his horse did shift ground, Ms Hemi's horse had also hung out approaching the 100 metres.

Ms Byrne conceded that her horse had rolled out, but that it was clear that WAR HERO was not going to beat COWBOYS DONT CRY. She used the films to identify that Ms Hemi's horse was positioned adjacent to the rump of COWBOYS DONT CRY, and that no contact had been made between both runners.

Stipendiary Steward, Mr Goodwin was invited to provide his assessment of the interference. He believed that Mr Johnson had moved into the line of Ms Hemi, and that Ms Hemi had been taken over extra ground as a result. It was also his contention that the momentum of WAR HERO had been halted for several strides within the final 100 metres, but that had to be balanced with the margin between both runners being that of 3/4 length.

Reasons for Decision:

The Committee considered all of the submissions placed before it. It is clear from the head on films, that approaching the 100 metres, COWBOYS DONT CRY had rolled out under heavy riding from Mr Johnson, into the line of WAR HERO. This had resulted in the momentum of WAR HERO being stymied for a number of strides. Based on our review of the films, the Committee does not accept that contact between both runners had occurred. While we accept that it is difficult for a horse to get going so soon after losing its momentum, WAR HERO does seem to be making some ground over the concluding stages. The difficulty is that the margin of 3/4 lengths between third and fourth does place some doubt, when we review the side-on film, that WAR HERO would have beaten COWBOYS DONT CRY if the interference had not have occurred.  

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: 697e6e9d290924ba39365179a266a1d7


informantnumber: A8791


horsename: COWBOYS DONT CRY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/11/2017


hearing_title: Hawke's Bay RI 12 November 2017 R2 (instigating a protest) - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 2 (Stella Artois 2100m), Information A8791 was filed with the Judicial Committee. It instigated a protest under the provision of Rule 642(1) alleging that COWBOYS DONT CRY placed third by the judge interfered with the chances of WAR HERO placed fourth by the judge. It alleged "interference in the home straight passing the 100m".

The provisional placings were:

1st - (3) GAME OVER
2nd - (4) CORNERSTONE
3rd - (2) COWBOYS DONT CRY
4th - (7) WAR HERO
5th - (1) LUCQUIDE
6th - (10) PATRICIA ROSE

The margin between third and fourth was 3/4 length.


appealdecision:


isappeal:


submissionsfordecision:

Using the head-on film, Stipendiary Steward, Mr Balcombe identified COWBOYS DONT CRY (C Johnson), with WAR HERO (L Hemi) racing directly behind that runner as they approached the 100 metres.

Using the head-on film, Ms Hemi stated that she was about to take a run to the outside of COWBOYS DONT CRY, when Mr Johnson's mount had run out into her line resulting in her horse losing its momentum. She reiterated that it was clear on the films that Mr Johnson had "ducked out" and that as her horse was a big horse, it had taken a few strides for it to get going again. She reminded the Committee that as it was a staying race, it made it more difficult for WAR HERO to get going after the interference. She also used the side-on film to suggest that contact had been made as her horse had changed legs as a result.

Ms Frost believed that WAR HERO was clearly going to go past COWBOYS DONT CRY, and that that the side-on film demonstrated that it had started to pick up its momentum again in the run to the line.

Mr Johnson was concise with his submissions, stating that while his horse did shift ground, Ms Hemi's horse had also hung out approaching the 100 metres.

Ms Byrne conceded that her horse had rolled out, but that it was clear that WAR HERO was not going to beat COWBOYS DONT CRY. She used the films to identify that Ms Hemi's horse was positioned adjacent to the rump of COWBOYS DONT CRY, and that no contact had been made between both runners.

Stipendiary Steward, Mr Goodwin was invited to provide his assessment of the interference. He believed that Mr Johnson had moved into the line of Ms Hemi, and that Ms Hemi had been taken over extra ground as a result. It was also his contention that the momentum of WAR HERO had been halted for several strides within the final 100 metres, but that had to be balanced with the margin between both runners being that of 3/4 length.


reasonsfordecision:

The Committee considered all of the submissions placed before it. It is clear from the head on films, that approaching the 100 metres, COWBOYS DONT CRY had rolled out under heavy riding from Mr Johnson, into the line of WAR HERO. This had resulted in the momentum of WAR HERO being stymied for a number of strides. Based on our review of the films, the Committee does not accept that contact between both runners had occurred. While we accept that it is difficult for a horse to get going so soon after losing its momentum, WAR HERO does seem to be making some ground over the concluding stages. The difficulty is that the margin of 3/4 lengths between third and fourth does place some doubt, when we review the side-on film, that WAR HERO would have beaten COWBOYS DONT CRY if the interference had not have occurred.  


Decision:

Accordingly, the protest is dismissed. Placings are confirmed as:

1st - (3) GAME OVER
2nd - (4) CORNERSTONE
3rd - (2) COWBOYS DONT CRY
4th - (7) WAR HERO
5th - (1) LUCQUIDE
6th - (10) PATRICIA ROSE

The committee authorises the payment of dividends and stake monies in accordance with this decision. 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 642(1)


Informant: Ms L Hemi - Rider of WAR HERO


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N Goodwin - Stipendiary Steward, Mr D Balcombe - Stipendiary Steward


Respondent: Mr C Johnson - Rider COWBOYS DONT CRY, Ms R Frost - Trainer of WAR HERO, Ms K Byrne- Trainer of COWBOYS DONT CRY


StipendSteward:


raceid: 58b3e82059ec6f3eddd0982600bc1ea8


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: 6518c70295c0d398346b1793e635589c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/11/2017


meet_title: Hawkes Bay RI - 12 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI