Hawke’s Bay RI 17 July 2014 – R6 (request for a ruling)
ID: JCA17704
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 17 July 2014
Meet Chair:
TCastles
Meet Committee Member 1:
PWilliams
Race Date:
2014/07/17
Race Number:
R6
Decision:
ABSOLUTELY SACRED was disqualified and placings now read:
1st - (1) Sir Kingwood
2nd - (9) Whoopi Gee
3rd - (2) Snow Excuse
4th - (7) Neutron Star
5th and last - (4) Passing Parade
2nd - (9) Whoopi Gee
3rd - (2) Snow Excuse
4th - (7) Neutron Star
5th and last - (4) Passing Parade
Payment of amended dividends and stakes was authorised.
Facts:
Following the running of Race 6, the "Manawatu Sound Service Sprint", Information A6756 was lodged by Stipendiary Steward Mr N Goodwin.
Rule 637 (1) states:- ‘A horse may be, in addition to any other penalty which may be imposed, disqualified for a Race if
(b) such horse, or any horse belonging to the same Owner or lessee (as the case may be), or in which the same Owner (or lessee) as the case may be has any registerable interest and which is running in the same Race, causes interference to another horse’.
Mr Goodwin confirmed he was asking the Committee to consider whether ABSOLUTELY SACRED should be disqualified from the Race given what had happened with approximately 300m of the race to run.
Mr Sherwin and Mr Parkes both confirmed they understood the Rule and what the Committee was being asked to consider. Provisional placings as called by the Judge were:-
1st - (3) Absolutely Sacred
2nd - (1) Sir Kingwood
3rd - (9) Whoopi Gee
4th - (2) Snow Excuse
5th - (7) Neutron Star
6th - (4) Passing Parade
3rd - (9) Whoopi Gee
4th - (2) Snow Excuse
5th - (7) Neutron Star
6th - (4) Passing Parade
Submissions for Decision:
Mr Oatham, using the available films – head, side and rear - took the Committee through the alleged incident. He said on straightening up for the run to the finish, at about the 300m mark, Mr Parkes was racing immediately behind PASSING PARADE and approximately 1 horse width off the rails. To the outside of PASSING PARADE was NEUTRON STAR. He said because he had nowhere to go Mr Parkes angled ABSOLUTELY SACRED out from behind NEUTRON STAR taking the line of, and making contact with and causing severe interference to, DARBY SHAW whose jockey (M Dee) was dislodged. SIR KINGWOOD who was racing on the outside of DARBY SHAW was also inconvenienced for several strides.
Mr Oatham informed the Committee Mr Dee was dislodged because Mr Parkes was not sufficiently clear when he undertook the course of action that he did. He indicated on the films that approximately 10 strides short of the point of the incident Mr Parkes glanced outwards and must have been aware, as a senior jockey, of the horses on his outside. He said that shortly after Mr Parkes angled his mount outwards making contact with DARBY SHAW when he was only approximately half a length in front of that horse. The movement was, he believed, abrupt and deliberate. Mr Oatham informed the Committee that SIR KINGWOOD travelling outside and slightly in front of DABRY SHAW may have fractionally moved inwards but he believed the movement was minimal and played no part in contact being made between ABSOLUTELY SACRED and "DARBY SHAW. Mr Oatham said Mr Parkes' move outwards to end up in front of Mr Dee was blatant with complete disregard of the consequences of his actions. He said the question being asked of the Committee was "Did Mr Parkes, who went on to win the race, do so unfairly?".
Mr Sherwin, using the available films, submitted that the outside horse, SIR KINGWOOD, contributed to the incident by moving inwards. In answer to a question from the Chairman he agreed DARBY SHAW was entitled to be in the position he was but believed it was under severe pressure and tiring and not able to take advantage of the gap. He did concede that interference had taken place but said there were contributing factors.
Mr Parkes was given the opportunity to play any of the films and make his submissions. He said he pulled out from behind the horse he was following to make his run, saw Mr Walker on SIR KINGWOOD but did not see Mr Dee on DARBY SHAW until he heard Mr Dee calling out as contact was made.
In summing up Mr Goodwin asked the Committee to consider Rule 637 (1) b under which the ruling was sought. He was adamant ABSOLUTELY SACRED and Mr Parkes received an unfair advantage which had enabled them to go on and win the race. He said DARBY SHAW was entitled to be where it was in the gap between ABSOLUTELY SACRED and SIR KINGWOOD, and was challenging for a better position and then eliminated from taking part in the finish by the actions of ABSOLUTELY SACRED and Mr Parkes.
He submitted the head on film clearly showed Mr Parkes pulling hard on the right rein to angle his mount outwards causing contact to DARBY SHAW. He agreed that the movement from SIR KINGWOOD was very slight and that that horse also was inconvenienced for a few strides. He posed the question - because of Mr Parkes' actions did ABSOLUTELY SACRED win the race fairly?
Mr Sherwin, in summing up, had little to add. He agreed that interference did take place but also repeated that there were contributing factors.
Reasons for Decision:
In coming to our decision the Committee has given very careful consideration to Rule 637 (1) b and the ramifications of imposing a disqualification. Consideration was given to the effects of disqualification to the owners, trainer, punters and jockey. The Committee was unable, in the time available, to find a precedent more recent than the disqualification of "Latchford Star" at Waipukurau on 5 December 2009 when the horse caused another clip heels and fall in the home straight. "Latchford Star" had finished 2nd in that race.
The Committee considered the actions of SIR WINGWOOD and the impact the incident had on it's chances. We are clearly of the view that any inward movement by that horse was minimal and it played no part in the dislodging of Mr Dee. While the horse was inconvenienced for a few strides it momentarily then headed ABSOLUTELY SACRED in the run to line but over the final 100m ABSOLUTELY SACRED then pulled away from SIR KINGWOOD who ended up finishing second.
The Committee's deliberations then centered around the elimination of DARBY SHAW from taking part in the finish by the actions of ABSOLUTELY SACRED and Mr Parkes.
The Committee noted all parties agreed DARBY SHAW was entitled to be where it was at approximately the 300m mark when mounting its' run to the finish. When ABSOLUTELY SACRED made contact with DARBY SHAW it was at best only half a length clear. Mr Dee was dislodged and eliminated from taking any further part in the race. Mr Sherwin said he believed DARBY SHAW was under severe pressure and tiring at the time of the incident. The Committee does not agree and believes the horse was full of running. Whether it was doing enough to win or run into a place will never be answered.
The Committee believes the outward movement by Mr Parkes was calculated and very deliberate. We note he glanced outwards on at least one occasion prior to taking the actions that he did and, as such, should have been aware of the horses on his outside. However, he confirmed during the hearing he only saw Mr Walker on SIR KINGWOOD and at no time was aware of Mr Dee being where he was until he heard him call out just prior to contact being made and him then being dislodged. The film clearly shows Mr Parkes looking around twice immediately after the incident realising for the first time that Mr Dee had been on his outer. The movement from ABSOLUTELY SACARED was certainly very abrupt with the head on film clearly shows Mr Parkes pulling hard on the right rein to get his horse out from being the horse he was trailing.
The question the Committee asked itself was whether ABSOLUTELY SACRED and its rider received an advantage as a result of the actions of Mr Parkes. Rule 637 (1) b was revisited. The relevant part reads ‘A horse may be, in addition to any other penalty which may be imposed, disqualified from a race if such horse .... causes interference to another horse’.
The Committee is very clear that interference did occur. The next important point to consider was whether the actions of ABSOLUTELY SACRED and Mr Parkes, resulting in severe interference to DARBY SHAW and the dislodging of Mr Dee, were such that, because of those actions, both horse and rider gained an unfair advantage over the other horses and jockeys in the race who rode within the Rules of Racing. The Committee was strongly of the view that ABSOLUTELY SACRED and Mr Parkes did gain an unfair advantage through the actions of Mr Parkes who clearly moved out from behind the horse he was trailing to get a better run to the line. Had he waited longer than he did we don't know whether a gap would have presented itself for him to take. Mr Parkes chose not wait any longer than he did, abruptly moved out without regard for his fellow jockeys and this resulted in Mr Dee being dislodged. The Committee believes ABSOLUTELY SACRED and "Mr Parkes did cause severe interference to DARBY SHAW and in doing so gain an unfair advantage and we are agreed the horse shall be disqualified from the race as permitted for under Rule 637(1)(b).
JCA Decision Fields (raw)
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hearingid: e1fe3cf9f191c5b2277941a3b93f101a
informantnumber: A6756
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/07/2014
hearing_title: Hawke's Bay RI 17 July 2014 - R6 (request for a ruling)
charge:
facts:
Following the running of Race 6, the "Manawatu Sound Service Sprint", Information A6756 was lodged by Stipendiary Steward Mr N Goodwin.
Rule 637 (1) states:- ‘A horse may be, in addition to any other penalty which may be imposed, disqualified for a Race if
(b) such horse, or any horse belonging to the same Owner or lessee (as the case may be), or in which the same Owner (or lessee) as the case may be has any registerable interest and which is running in the same Race, causes interference to another horse’.
Mr Goodwin confirmed he was asking the Committee to consider whether ABSOLUTELY SACRED should be disqualified from the Race given what had happened with approximately 300m of the race to run.
Mr Sherwin and Mr Parkes both confirmed they understood the Rule and what the Committee was being asked to consider. Provisional placings as called by the Judge were:-
1st - (3) Absolutely Sacred
2nd - (1) Sir Kingwood
3rd - (9) Whoopi Gee
4th - (2) Snow Excuse
5th - (7) Neutron Star
6th - (4) Passing Parade
3rd - (9) Whoopi Gee
4th - (2) Snow Excuse
5th - (7) Neutron Star
6th - (4) Passing Parade
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham, using the available films – head, side and rear - took the Committee through the alleged incident. He said on straightening up for the run to the finish, at about the 300m mark, Mr Parkes was racing immediately behind PASSING PARADE and approximately 1 horse width off the rails. To the outside of PASSING PARADE was NEUTRON STAR. He said because he had nowhere to go Mr Parkes angled ABSOLUTELY SACRED out from behind NEUTRON STAR taking the line of, and making contact with and causing severe interference to, DARBY SHAW whose jockey (M Dee) was dislodged. SIR KINGWOOD who was racing on the outside of DARBY SHAW was also inconvenienced for several strides.
Mr Oatham informed the Committee Mr Dee was dislodged because Mr Parkes was not sufficiently clear when he undertook the course of action that he did. He indicated on the films that approximately 10 strides short of the point of the incident Mr Parkes glanced outwards and must have been aware, as a senior jockey, of the horses on his outside. He said that shortly after Mr Parkes angled his mount outwards making contact with DARBY SHAW when he was only approximately half a length in front of that horse. The movement was, he believed, abrupt and deliberate. Mr Oatham informed the Committee that SIR KINGWOOD travelling outside and slightly in front of DABRY SHAW may have fractionally moved inwards but he believed the movement was minimal and played no part in contact being made between ABSOLUTELY SACRED and "DARBY SHAW. Mr Oatham said Mr Parkes' move outwards to end up in front of Mr Dee was blatant with complete disregard of the consequences of his actions. He said the question being asked of the Committee was "Did Mr Parkes, who went on to win the race, do so unfairly?".
Mr Sherwin, using the available films, submitted that the outside horse, SIR KINGWOOD, contributed to the incident by moving inwards. In answer to a question from the Chairman he agreed DARBY SHAW was entitled to be in the position he was but believed it was under severe pressure and tiring and not able to take advantage of the gap. He did concede that interference had taken place but said there were contributing factors.
Mr Parkes was given the opportunity to play any of the films and make his submissions. He said he pulled out from behind the horse he was following to make his run, saw Mr Walker on SIR KINGWOOD but did not see Mr Dee on DARBY SHAW until he heard Mr Dee calling out as contact was made.
In summing up Mr Goodwin asked the Committee to consider Rule 637 (1) b under which the ruling was sought. He was adamant ABSOLUTELY SACRED and Mr Parkes received an unfair advantage which had enabled them to go on and win the race. He said DARBY SHAW was entitled to be where it was in the gap between ABSOLUTELY SACRED and SIR KINGWOOD, and was challenging for a better position and then eliminated from taking part in the finish by the actions of ABSOLUTELY SACRED and Mr Parkes.
He submitted the head on film clearly showed Mr Parkes pulling hard on the right rein to angle his mount outwards causing contact to DARBY SHAW. He agreed that the movement from SIR KINGWOOD was very slight and that that horse also was inconvenienced for a few strides. He posed the question - because of Mr Parkes' actions did ABSOLUTELY SACRED win the race fairly?
Mr Sherwin, in summing up, had little to add. He agreed that interference did take place but also repeated that there were contributing factors.
reasonsfordecision:
In coming to our decision the Committee has given very careful consideration to Rule 637 (1) b and the ramifications of imposing a disqualification. Consideration was given to the effects of disqualification to the owners, trainer, punters and jockey. The Committee was unable, in the time available, to find a precedent more recent than the disqualification of "Latchford Star" at Waipukurau on 5 December 2009 when the horse caused another clip heels and fall in the home straight. "Latchford Star" had finished 2nd in that race.
The Committee considered the actions of SIR WINGWOOD and the impact the incident had on it's chances. We are clearly of the view that any inward movement by that horse was minimal and it played no part in the dislodging of Mr Dee. While the horse was inconvenienced for a few strides it momentarily then headed ABSOLUTELY SACRED in the run to line but over the final 100m ABSOLUTELY SACRED then pulled away from SIR KINGWOOD who ended up finishing second.
The Committee's deliberations then centered around the elimination of DARBY SHAW from taking part in the finish by the actions of ABSOLUTELY SACRED and Mr Parkes.
The Committee noted all parties agreed DARBY SHAW was entitled to be where it was at approximately the 300m mark when mounting its' run to the finish. When ABSOLUTELY SACRED made contact with DARBY SHAW it was at best only half a length clear. Mr Dee was dislodged and eliminated from taking any further part in the race. Mr Sherwin said he believed DARBY SHAW was under severe pressure and tiring at the time of the incident. The Committee does not agree and believes the horse was full of running. Whether it was doing enough to win or run into a place will never be answered.
The Committee believes the outward movement by Mr Parkes was calculated and very deliberate. We note he glanced outwards on at least one occasion prior to taking the actions that he did and, as such, should have been aware of the horses on his outside. However, he confirmed during the hearing he only saw Mr Walker on SIR KINGWOOD and at no time was aware of Mr Dee being where he was until he heard him call out just prior to contact being made and him then being dislodged. The film clearly shows Mr Parkes looking around twice immediately after the incident realising for the first time that Mr Dee had been on his outer. The movement from ABSOLUTELY SACARED was certainly very abrupt with the head on film clearly shows Mr Parkes pulling hard on the right rein to get his horse out from being the horse he was trailing.
The question the Committee asked itself was whether ABSOLUTELY SACRED and its rider received an advantage as a result of the actions of Mr Parkes. Rule 637 (1) b was revisited. The relevant part reads ‘A horse may be, in addition to any other penalty which may be imposed, disqualified from a race if such horse .... causes interference to another horse’.
The Committee is very clear that interference did occur. The next important point to consider was whether the actions of ABSOLUTELY SACRED and Mr Parkes, resulting in severe interference to DARBY SHAW and the dislodging of Mr Dee, were such that, because of those actions, both horse and rider gained an unfair advantage over the other horses and jockeys in the race who rode within the Rules of Racing. The Committee was strongly of the view that ABSOLUTELY SACRED and Mr Parkes did gain an unfair advantage through the actions of Mr Parkes who clearly moved out from behind the horse he was trailing to get a better run to the line. Had he waited longer than he did we don't know whether a gap would have presented itself for him to take. Mr Parkes chose not wait any longer than he did, abruptly moved out without regard for his fellow jockeys and this resulted in Mr Dee being dislodged. The Committee believes ABSOLUTELY SACRED and "Mr Parkes did cause severe interference to DARBY SHAW and in doing so gain an unfair advantage and we are agreed the horse shall be disqualified from the race as permitted for under Rule 637(1)(b).
Decision:
ABSOLUTELY SACRED was disqualified and placings now read:
1st - (1) Sir Kingwood
2nd - (9) Whoopi Gee
3rd - (2) Snow Excuse
4th - (7) Neutron Star
5th and last - (4) Passing Parade
2nd - (9) Whoopi Gee
3rd - (2) Snow Excuse
4th - (7) Neutron Star
5th and last - (4) Passing Parade
Payment of amended dividends and stakes was authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 637 (1) (b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: MrJ Parkes - Class A Licensed Jockey rider of ABSOLUTELY SACRED, Mr R Sherwin - Licensed Trainer of ABSOLUTELY SACRED
Respondent:
StipendSteward: Mr J Oatham - Senior Stipendiary Steward, Mr N Goodwin - Stipendiary Steward
raceid: ef6c7ccee5d0c3812fb5a862d496bc3b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fba46a1106c4ae571c2a8f54b983325f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/07/2014
meet_title: Hawkes Bay RI - 17 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: TCastles
meet_pm1: PWilliams
meet_pm2: none
name: Hawkes Bay RI