Archive Decision

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Levin RC – 27 November 2009 – Race 7

ID: JCA23170

Hearing Type:
Old Hearing

Rules:
642.1

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Levin RC - 27 November 2009

Race Date:
2009/11/27

Race Number:
Race 7

Decision:

Following the running of Race 7, the Chainey’s Masport Levin Stakes (Listed), Mr. M. Walker lodged a protest under Rule 642 (1) alleging that STUPENDOUS or its rider placed first by the judge caused interference to FRITZY BOY placed second by the judge. The interference occurred in the home straight.

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Following the running of Race 7, the Chainey’s Masport Levin Stakes (Listed), Mr. M. Walker lodged a protest under Rule 642 (1) alleging that STUPENDOUS or its rider placed first by the judge caused interference to FRITZY BOY placed second by the judge. The interference occurred in the home straight.

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The Judge’s placings were:

--

1st   No. 6 STUPENDOUS
2nd  No. 2    FRITZY BOY
3rd   No. 8    ELCEE’S GOLD
4th   No. 3  THE CHUNKSTER
5th   No 13 SHARP PRINCESS

--

The margin between first and second placed horses was a nose.

--

The information was filed with the registrar within the time prescribed.
FRITZY BOY was represented by Mr. Michael Walker and trainer Mr. A McGregor and the connections of STUPENDOUS were represented by trainer K Myers and rider Ms. Kelly Myers.

--

 Mr. Walker used head-on, side-on and rear-view videos of the race to highlight the incidents that he was concerned about.

--

The first point of contact occurred soon after the home turn when Ms Myers moved in slightly forcing WOODBURY BELLE onto FRITZY BOY which caused Mr. Walker to take a hold of his mount.

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STUPENDOUS then proceeded to move outwards on the track forcing FRITZY BOY who was racing outside of Ms Myers over extra ground. Mr. Walker estimated that he was carried out over five horse widths and that he was cost the chance of winning the race. While conceding that at no time did he have to stop riding or have to check FRITZY BOY he emphasized to the committee that he was only beaten by a nose margin.
Mr. McGregor agreed entirely with Mr. Walker’s analysis of the incident.

--

Ms. Myers was succinct with her comments saying that at no point did she make contact with FRITZY BOY and that Mr. Walker had the whole length of the straight to get past STUPENDOUS.

--

Mr. Kevin Myers said that FRITZY BOY lugged inwards at the top of the straight contributing to any interference that occurred.
Over the final hundred metres he reiterated that there had been no contact between the two horses concerned.

--

Mr. Oatham was asked the stewards’ opinion of the incident. He said that the first incident Mr. Walker complained of involving STUPENDOUS bumping WOODBURY BELLE onto FRITZY BOY was insignificant.

--

The remaining stages of the race however showed two occasions, once near the 200m and again near the 100m where STUPENDOUS clearly moved out forcing FRITZY BOY over extra ground. He said that the degree of interference was low but FRITZY BOY was finishing the race strongly and due to the nose margin the protest did have some merit.

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Decision

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Rule 642(1) states:

--

 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 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.

--

After listening to all the evidence and viewing the films the committee accepts that STUPENDOUS drifted outwards across the track causing FRITZY BOY to race wider over the final stages.

--

 Mr. Walker was correct when he said that there does not have to be physical contact between two horses for interference to have occurred.

--

 Mr. Walker conceded that at no stage did he have to stop riding or take hold of FRITZY BOY. This was significant and Rule 642 is clear.  The connections of the protesting horse, in this case FRITZY BOY, have to convince the judicial committee that if the interference had not occurred then their horse would have finished ahead of the horse that caused the interference.

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While the evidence presented was soundly based we were left with some doubt that even if FRITZY BOY had had a straight run to the line he would have beaten STUPENDOUS. The outward movement was gradual with both horses covering extra ground and FRITZY BOY did not lose any momentum. The close margin made this a difficult decision but with some doubt still remaining the protest was dismissed and placings allowed to stand as called by the judge.

--


N. Moffatt                    T. Castles
CHAIR                        Committee Member
311

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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: fcdf6c3e557663b7e966683210cffccd


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 27/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Levin RC - 27 November 2009 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 7, the Chainey’s Masport Levin Stakes (Listed), Mr. M. Walker lodged a protest under Rule 642 (1) alleging that STUPENDOUS or its rider placed first by the judge caused interference to FRITZY BOY placed second by the judge. The interference occurred in the home straight.

--

 



Following the running of Race 7, the Chainey’s Masport Levin Stakes (Listed), Mr. M. Walker lodged a protest under Rule 642 (1) alleging that STUPENDOUS or its rider placed first by the judge caused interference to FRITZY BOY placed second by the judge. The interference occurred in the home straight.

--

The Judge’s placings were:

--

1st   No. 6 STUPENDOUS
2nd  No. 2    FRITZY BOY
3rd   No. 8    ELCEE’S GOLD
4th   No. 3  THE CHUNKSTER
5th   No 13 SHARP PRINCESS

--

The margin between first and second placed horses was a nose.

--

The information was filed with the registrar within the time prescribed.
FRITZY BOY was represented by Mr. Michael Walker and trainer Mr. A McGregor and the connections of STUPENDOUS were represented by trainer K Myers and rider Ms. Kelly Myers.

--

 Mr. Walker used head-on, side-on and rear-view videos of the race to highlight the incidents that he was concerned about.

--

The first point of contact occurred soon after the home turn when Ms Myers moved in slightly forcing WOODBURY BELLE onto FRITZY BOY which caused Mr. Walker to take a hold of his mount.

--

STUPENDOUS then proceeded to move outwards on the track forcing FRITZY BOY who was racing outside of Ms Myers over extra ground. Mr. Walker estimated that he was carried out over five horse widths and that he was cost the chance of winning the race. While conceding that at no time did he have to stop riding or have to check FRITZY BOY he emphasized to the committee that he was only beaten by a nose margin.
Mr. McGregor agreed entirely with Mr. Walker’s analysis of the incident.

--

Ms. Myers was succinct with her comments saying that at no point did she make contact with FRITZY BOY and that Mr. Walker had the whole length of the straight to get past STUPENDOUS.

--

Mr. Kevin Myers said that FRITZY BOY lugged inwards at the top of the straight contributing to any interference that occurred.
Over the final hundred metres he reiterated that there had been no contact between the two horses concerned.

--

Mr. Oatham was asked the stewards’ opinion of the incident. He said that the first incident Mr. Walker complained of involving STUPENDOUS bumping WOODBURY BELLE onto FRITZY BOY was insignificant.

--

The remaining stages of the race however showed two occasions, once near the 200m and again near the 100m where STUPENDOUS clearly moved out forcing FRITZY BOY over extra ground. He said that the degree of interference was low but FRITZY BOY was finishing the race strongly and due to the nose margin the protest did have some merit.

--

Decision

--

Rule 642(1) states:

--

 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 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.

--

After listening to all the evidence and viewing the films the committee accepts that STUPENDOUS drifted outwards across the track causing FRITZY BOY to race wider over the final stages.

--

 Mr. Walker was correct when he said that there does not have to be physical contact between two horses for interference to have occurred.

--

 Mr. Walker conceded that at no stage did he have to stop riding or take hold of FRITZY BOY. This was significant and Rule 642 is clear.  The connections of the protesting horse, in this case FRITZY BOY, have to convince the judicial committee that if the interference had not occurred then their horse would have finished ahead of the horse that caused the interference.

--

While the evidence presented was soundly based we were left with some doubt that even if FRITZY BOY had had a straight run to the line he would have beaten STUPENDOUS. The outward movement was gradual with both horses covering extra ground and FRITZY BOY did not lose any momentum. The close margin made this a difficult decision but with some doubt still remaining the protest was dismissed and placings allowed to stand as called by the judge.

--


N. Moffatt                    T. Castles
CHAIR                        Committee Member
311

--


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 642.1


Informant:


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Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: be0adf7c81bd78be9e2b348ed2cbbb62


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


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meetdate: 27/11/2009


meet_title: Levin RC - 27 November 2009


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meet_racingtype: thoroughbred-racing


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name: Levin RC