Marlborough RC 26 July 2013 – R 8 (instigating a protest)
ID: JCA15923
Code:
Thoroughbred
Meet Title:
Marlborough RC - 26 July 2013
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2013/07/26
Race Number:
R8
Decision:
The protest was upheld and SLICK NICKEL was relegated to 4th place behind BARBERRY ROSE.
Consequent upon the relegation, the amended result for the race is as follows:
1st CISKAY (1)
2nd GET FLASH (8)
3rd BARBERRY ROSE (4)
4th SLICK NICKEL (6)
5th COURT THE TOSS (2)
6th KOKIID (5)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 8, the Strait Shipping/Meaters Of Marlborough Rating 65-1400 Metres, an Information Instigating a Protest was filed by Trainer Mr M Pitman alleging interference over the concluding stages by 3rd placed horse SLICK NICKEL (6), ridden by Mr R Hannam, to the 4th placed BARBERRY ROSE (4), ridden by Mr C Johnson.
The Judge's placings in this race were as follows:
1st CISKAY (1)
2nd GET FLASH (8)
3rd SLICK NICKEL (6)
4th BARBERRY ROSE (4)
5th COURT THE TOSS (2)
6th KOKIID (5)
The Information reads as follows:
“That horse number 6, or its rider, placed 3rd by the Judge, interfered with the chances of horse number 4, placed 4th by the Judge, as detailed below;
-Alleged interference over the concluding stages”
Rule 642(1) provides as follows:
“If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another 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."
The connections of BARBERRY ROSE were represented at this hearing by Mr M Pitman, the trainer and rider Mr C Johnson, with Miss C Spittles, the trainer and rider Mr R Hannan of SLICK NICKEL represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Pitman gave evidence and used video coverage to show that shortly after turning for home BARBERRY ROSE, ridden by Mr Johnson was racing between SLICK NICKEL, ridden by Mr Hannam, on the inner and CISKAY, ridden by Mr Bosson. He pointed out SLICK NICKEL shifting out and making contact with BARBERRY ROSE on 4 to 5 occasions. This interference, he stated, caused BARBERRY ROSE to lose ground, which he estimated at 1 to 1 ½ lengths. He then showed the final stages where BARBERRY ROSE, once balanced up again, finish quickly over the concluding stages to finish within a nose of SLICK NICKEL. Mr Pitman acknowledged that CISKAY had moved in and was racing in tight quarters outside BARBERRY ROSE just prior to SLICK NICKEL shifting out. He also stated that SLICK NICKEL had made more movement outwards and had made contact on 4-5 occasions. Mr Johnson stated to the Committee that he was unable to ride BARBERRY ROSE out when being buffeted by SLICK NICKEL and in tight racing quarters with CISKAY. He said contact was made on numerous occasions and that BURBERRY ROSE, once clear of SLICK NICKEL and in the clear, made good ground over the final stages.
Mr Hannam submitted that CISKAY had shifted in and brushed BARBERRY ROSE just prior to SLICK NICKEL making contact. He said that when SLICK NICKEL made contact with BARBERRY ROSE, who was receiving pressure from the outside from CISKAY, his horse was turned sideways by the movement from the outside horse. Mr Hannam submitted that he believed Mr Pitman had protested against the wrong horse. Miss Spittles stated that the film appears to show movement from both horses and that Mr Hannam had covered the situation.
Stipendiary Steward, Mr J McLaughlin, in giving his interpretation of the incident stated that, there was no doubt there was contact between all three horses and would leave the decision as to whether the majority of interference was from the inside horse and whether a change of placings was required, to the Committee.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling especially with the head on video replays showing movement outwards from SLICK NICKEL and contact on 4 to 5 occasions. It also showed CISKAY shift in and brush BARBERRY ROSE just prior to contact being made by SLICK NICKEL. The side on films showed BARBERRY ROSE losing ground when being buffeted between runners and once in the clear, running on strongly over the final stages to finish within a nose of SLICK NICKEL. It was clear on the films that Mr Johnson could not ride BARBERRY ROSE out to any advantage during this interference. The Committee was satisfied that CISKAY had moved in and brushed BARBERRY ROSE but thereafter whilst racing in tight quarters, had maintained a reasonable true line. The Committee however, was also satisfied that SLICK NICKEL, once it had occupied the gap inside BARBERRY ROSE, had shifted out and continued on shifting out making contact on 4 to 5 occasions, buffeting BARBERRY ROSE for several strides. The Committee also took into consideration that once clear of interference, BARBERRY ROSE after losing approximately 1 length, finished on strongly finishing within a nose of SLICK NICKEL. After consideration of all evidence presented in conjunction with the official margin of a nose, the Committee was satisfied that interference had occurred to BARBERRY ROSE over the concluding stages by SLICK NICKEL and that had BARBERRY ROSE not suffered said interference BARBERRY ROSE would have finished ahead of SLICK NICKEL in 3rd place.
It was decided that the protest be upheld and that SLICK NICKEL be relegated to 4th place.
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: e59ffb36e626edcaa1747bc37ac86a39
informantnumber: A1911
horsename: SLICK NICKEL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/07/2013
hearing_title: Marlborough RC 26 July 2013 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, the Strait Shipping/Meaters Of Marlborough Rating 65-1400 Metres, an Information Instigating a Protest was filed by Trainer Mr M Pitman alleging interference over the concluding stages by 3rd placed horse SLICK NICKEL (6), ridden by Mr R Hannam, to the 4th placed BARBERRY ROSE (4), ridden by Mr C Johnson.
The Judge's placings in this race were as follows:
1st CISKAY (1)
2nd GET FLASH (8)
3rd SLICK NICKEL (6)
4th BARBERRY ROSE (4)
5th COURT THE TOSS (2)
6th KOKIID (5)
The Information reads as follows:
“That horse number 6, or its rider, placed 3rd by the Judge, interfered with the chances of horse number 4, placed 4th by the Judge, as detailed below;
-Alleged interference over the concluding stages”
Rule 642(1) provides as follows:
“If a placed horse or its Rider causes interference within the meaning of this Rule 642 to another 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."
The connections of BARBERRY ROSE were represented at this hearing by Mr M Pitman, the trainer and rider Mr C Johnson, with Miss C Spittles, the trainer and rider Mr R Hannan of SLICK NICKEL represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Pitman gave evidence and used video coverage to show that shortly after turning for home BARBERRY ROSE, ridden by Mr Johnson was racing between SLICK NICKEL, ridden by Mr Hannam, on the inner and CISKAY, ridden by Mr Bosson. He pointed out SLICK NICKEL shifting out and making contact with BARBERRY ROSE on 4 to 5 occasions. This interference, he stated, caused BARBERRY ROSE to lose ground, which he estimated at 1 to 1 ½ lengths. He then showed the final stages where BARBERRY ROSE, once balanced up again, finish quickly over the concluding stages to finish within a nose of SLICK NICKEL. Mr Pitman acknowledged that CISKAY had moved in and was racing in tight quarters outside BARBERRY ROSE just prior to SLICK NICKEL shifting out. He also stated that SLICK NICKEL had made more movement outwards and had made contact on 4-5 occasions. Mr Johnson stated to the Committee that he was unable to ride BARBERRY ROSE out when being buffeted by SLICK NICKEL and in tight racing quarters with CISKAY. He said contact was made on numerous occasions and that BURBERRY ROSE, once clear of SLICK NICKEL and in the clear, made good ground over the final stages.
Mr Hannam submitted that CISKAY had shifted in and brushed BARBERRY ROSE just prior to SLICK NICKEL making contact. He said that when SLICK NICKEL made contact with BARBERRY ROSE, who was receiving pressure from the outside from CISKAY, his horse was turned sideways by the movement from the outside horse. Mr Hannam submitted that he believed Mr Pitman had protested against the wrong horse. Miss Spittles stated that the film appears to show movement from both horses and that Mr Hannam had covered the situation.
Stipendiary Steward, Mr J McLaughlin, in giving his interpretation of the incident stated that, there was no doubt there was contact between all three horses and would leave the decision as to whether the majority of interference was from the inside horse and whether a change of placings was required, to the Committee.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was compelling especially with the head on video replays showing movement outwards from SLICK NICKEL and contact on 4 to 5 occasions. It also showed CISKAY shift in and brush BARBERRY ROSE just prior to contact being made by SLICK NICKEL. The side on films showed BARBERRY ROSE losing ground when being buffeted between runners and once in the clear, running on strongly over the final stages to finish within a nose of SLICK NICKEL. It was clear on the films that Mr Johnson could not ride BARBERRY ROSE out to any advantage during this interference. The Committee was satisfied that CISKAY had moved in and brushed BARBERRY ROSE but thereafter whilst racing in tight quarters, had maintained a reasonable true line. The Committee however, was also satisfied that SLICK NICKEL, once it had occupied the gap inside BARBERRY ROSE, had shifted out and continued on shifting out making contact on 4 to 5 occasions, buffeting BARBERRY ROSE for several strides. The Committee also took into consideration that once clear of interference, BARBERRY ROSE after losing approximately 1 length, finished on strongly finishing within a nose of SLICK NICKEL. After consideration of all evidence presented in conjunction with the official margin of a nose, the Committee was satisfied that interference had occurred to BARBERRY ROSE over the concluding stages by SLICK NICKEL and that had BARBERRY ROSE not suffered said interference BARBERRY ROSE would have finished ahead of SLICK NICKEL in 3rd place.
It was decided that the protest be upheld and that SLICK NICKEL be relegated to 4th place.
Decision:
The protest was upheld and SLICK NICKEL was relegated to 4th place behind BARBERRY ROSE.
Consequent upon the relegation, the amended result for the race is as follows:
1st CISKAY (1)
2nd GET FLASH (8)
3rd BARBERRY ROSE (4)
4th SLICK NICKEL (6)
5th COURT THE TOSS (2)
6th KOKIID (5)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: M Pitman-Licensed Trainer
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J McLaughlin-Stipendiary Steward, Mr M Pitman-Licensed Trainer, Mr C Johnson-Licensed Jockey
Respondent: Miss C Spittles-Licensed Trainer, Mr R Hannam-Licensed Jockey
StipendSteward:
raceid: beca51f2af544c8c019afbb5650cff52
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 110f7356a923a1f21740223d77d09c89
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/07/2013
meet_title: Marlborough RC - 26 July 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough RC