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.

Kumara RC 10 January 2015 – R2 (instigating a protest)

ID: JCA12605

Applicant:
R C Black - Licensed Apprentice Jockey (Class B)

Respondent(s):
S Muniandy - Licensed Jockey (Class A), M P McCann - Licensed Trainer (Class A)

Information Number:
A1936

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Kumara RC - 10 January 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2015/01/10

Race Number:
R2

Decision:

The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s official placings. 

Facts:

Following the running of Race 2, NZB Insurance Pearl Series Race, an Information instigating a protest was filed by Licensed Apprentice Jockey (Class B), Ms R C Black, alleging that SHE’S RIVETING (S Muniandy), placed 2nd by the judge, interfered with the chances of CLAREVILLE FLIGHT, ridden by her, placed 3rd by the judge, alleging “interference passing the 300 metres”.

Ms Black was present at the hearing of the information together with her employer, Licensed Trainer (Class A), Mr K L Tyler, trainer of CLAREVILLE FLIGHT.

The connections of SHE’S RIVETING were represented by its trainer, Mr M P McCann. Mr S Muniandy, rider of SHE’S RIVETING, was also present at the hearing.

Rule 642 provides as follows:

(1)-If a placed horse or its Rider causes interference within the meaning of 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.

(2)-For the purposes of Rule 642:
(b)-“interference” is defined as:
     (i)-a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at          the time of crossing.

The judge’s official placings were:
1st - 7  Cupcake
2nd - 5  She’s Riveting
3rd - 1  Clareville Flight
4th - 4  Luxury Liz
5th - 3  Let’s Divorce

The official margin between 2nd and 3rd was ½ length. 

Submissions for Decision:

Video replays of the alleged interference were played to the hearing. Stipendiary Steward, Mr J M McLaughlin, pointed out CLAREVILLE FLIGHT, ridden by Ms Black, established on the inside of SHE’S RIVETING, ridden by Mr Muniandy. Approaching the 300 metres, Ms Black could be seen to “stand up”, he said, and later made ground late.

Ms Black referred to the video replays. She pointed out Mr Muniandy racing level with and outside of her mount. He then crossed her, forcing her to stand up and steady her mount, losing “lengths”, she alleged. Mr Muniandy completely took her line, she said, and she had had to come out late. Her mount was travelling well at the time of the interference, she said. She submitted that Mr Muniandy had not been his own length and another clear length in front of her when he crossed. Her mount clipped the heels of Mr Muniandy’s mount, she said. She alleged that she had lost, possibly, 2 lengths.

Mr Tyler alleged that CLAREVILLE FLIGHT had lost 1 to 3 lengths as a result of the interference. He submitted that the horse could have possibly won the race.

Mr McCann referred to the video replay and submitted that SHE’S RIVETING had cleared Ms Black’s mount, at which point she was still riding her mount. She had been crossed before she eased her mount, Mr McCann said.

Mr McLaughlin was asked for his comments. He said that Ms Black could be seen to take a hold of her mount, come to the outside and then “work home nicely”. He said that he left it to the Committee to determine whether the interference warranted a change of placings. 

Reasons for Decision:

The Committee was satisfied, on the evidence, that CLAREVILLE FLIGHT had received some interference from SHE’S RIVETING passing the 300 metres when that horse crossed from a 3-wide position to one out resulting in Ms Black having to briefly steady her mount and shift to the outside. However, in the Committee’s view, the interference was relatively minor when SHE’S RIVETING appeared to lay in.

Having found that some interference took place, the Committee needed to then decide whether CLAREVILLE FLIGHT would have finished in front of SHE’S RIVETING had such interference not occurred. In deciding this, the Committee had regard to where the interference took place (300 metres from the finish) and the margin of a ½ length between the two runners at the finish. With the interference having taken place 300 metres from the finish, the Committee believed that CLAREVILLE FLIGHT had every opportunity to overcome it.

It was also significant in the Committee’s view that, prior to the interference, SHE’S RIVETING had come from behind and had passed CLAREVILLE FLIGHT. The ½ length margin between the two horses at the finish was a comfortable one.

It was the Committee’s view, in the light of the above factors that CLAREVILLE FLIGHT would not have beaten SHE’S RIVETING, even if the interference had not 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: 3e37463d385dedda7249fd58ae1517e1


informantnumber: A1936


horsename: SHE'S RIVETING


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 29/12/2014


hearing_title: Kumara RC 10 January 2015 - R2 (instigating a protest)


charge:


facts:

Following the running of Race 2, NZB Insurance Pearl Series Race, an Information instigating a protest was filed by Licensed Apprentice Jockey (Class B), Ms R C Black, alleging that SHE’S RIVETING (S Muniandy), placed 2nd by the judge, interfered with the chances of CLAREVILLE FLIGHT, ridden by her, placed 3rd by the judge, alleging “interference passing the 300 metres”.

Ms Black was present at the hearing of the information together with her employer, Licensed Trainer (Class A), Mr K L Tyler, trainer of CLAREVILLE FLIGHT.

The connections of SHE’S RIVETING were represented by its trainer, Mr M P McCann. Mr S Muniandy, rider of SHE’S RIVETING, was also present at the hearing.

Rule 642 provides as follows:

(1)-If a placed horse or its Rider causes interference within the meaning of 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.

(2)-For the purposes of Rule 642:
(b)-“interference” is defined as:
     (i)-a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at          the time of crossing.

The judge’s official placings were:
1st - 7  Cupcake
2nd - 5  She’s Riveting
3rd - 1  Clareville Flight
4th - 4  Luxury Liz
5th - 3  Let’s Divorce

The official margin between 2nd and 3rd was ½ length. 


appealdecision:


isappeal:


submissionsfordecision:

Video replays of the alleged interference were played to the hearing. Stipendiary Steward, Mr J M McLaughlin, pointed out CLAREVILLE FLIGHT, ridden by Ms Black, established on the inside of SHE’S RIVETING, ridden by Mr Muniandy. Approaching the 300 metres, Ms Black could be seen to “stand up”, he said, and later made ground late.

Ms Black referred to the video replays. She pointed out Mr Muniandy racing level with and outside of her mount. He then crossed her, forcing her to stand up and steady her mount, losing “lengths”, she alleged. Mr Muniandy completely took her line, she said, and she had had to come out late. Her mount was travelling well at the time of the interference, she said. She submitted that Mr Muniandy had not been his own length and another clear length in front of her when he crossed. Her mount clipped the heels of Mr Muniandy’s mount, she said. She alleged that she had lost, possibly, 2 lengths.

Mr Tyler alleged that CLAREVILLE FLIGHT had lost 1 to 3 lengths as a result of the interference. He submitted that the horse could have possibly won the race.

Mr McCann referred to the video replay and submitted that SHE’S RIVETING had cleared Ms Black’s mount, at which point she was still riding her mount. She had been crossed before she eased her mount, Mr McCann said.

Mr McLaughlin was asked for his comments. He said that Ms Black could be seen to take a hold of her mount, come to the outside and then “work home nicely”. He said that he left it to the Committee to determine whether the interference warranted a change of placings. 


reasonsfordecision:

The Committee was satisfied, on the evidence, that CLAREVILLE FLIGHT had received some interference from SHE’S RIVETING passing the 300 metres when that horse crossed from a 3-wide position to one out resulting in Ms Black having to briefly steady her mount and shift to the outside. However, in the Committee’s view, the interference was relatively minor when SHE’S RIVETING appeared to lay in.

Having found that some interference took place, the Committee needed to then decide whether CLAREVILLE FLIGHT would have finished in front of SHE’S RIVETING had such interference not occurred. In deciding this, the Committee had regard to where the interference took place (300 metres from the finish) and the margin of a ½ length between the two runners at the finish. With the interference having taken place 300 metres from the finish, the Committee believed that CLAREVILLE FLIGHT had every opportunity to overcome it.

It was also significant in the Committee’s view that, prior to the interference, SHE’S RIVETING had come from behind and had passed CLAREVILLE FLIGHT. The ½ length margin between the two horses at the finish was a comfortable one.

It was the Committee’s view, in the light of the above factors that CLAREVILLE FLIGHT would not have beaten SHE’S RIVETING, even if the interference had not occurred. 


Decision:

The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s official placings. 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: R C Black - Licensed Apprentice Jockey (Class B)


JockeysandTrainer:


Otherperson:


PersonPresent: K L Tyler - Licensed Trainer (Class A)


Respondent: S Muniandy - Licensed Jockey (Class A), M P McCann - Licensed Trainer (Class A)


StipendSteward:


raceid: dc7dd9631343a971db3da6b37d1c8a9d


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: 36abf3c03e298614dd4edbbb3a99d831


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/01/2015


meet_title: Kumara RC - 10 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kumara-rc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Kumara RC