Otago RC 10 December 2014 – R 5 (instigating a protest)
ID: JCA16532
Code:
Thoroughbred
Meet Title:
Otago RC - 10 December 2014
Meet Chair:
GHall
Race Date:
2014/12/10
Race Number:
R5
Decision:
The protest is dismissed with the Judge’s placings being confirmed.
Facts:
Following the running of the NZB INSURANCE PEARL SERIES RACE F&M MAIDEN 1400M Mr T Moseley the rider of fourth placed QUEENOFTHESTONEAGE lodged a protest against second placing being awarded to SO VITAL pursuant to r 642(1) alleging SO VITAL interfered with the chances of QUEENOFTHESTONEAGE when shifting ground at the 200 metres.
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 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.
Judge’s placings were:
1st 2 Dalwhinnie
2nd 13 So Vital
3rd 8 Forever Vital
4th 4 Queenofthestoneage
5th 3 Fashion Lass
Margins were 3/4 of a length; a neck; a long neck.
Submissions for Decision:
Mr Moseley demonstrated with reference to the head and side-on videos that SO VITAL had shifted ground near the 200 metres and in so doing, in his opinion, that horse had interfered with his mount, QUEENOFTHESTONEAGE. He said he was denied a run as a consequence of SO VITAL shifting ground outwards and he had to take hold of his horse before changing ground to look for a run. He believed he could have perhaps won the race, but he was certain it had cost him 2nd placing. He said he had lost momentum at a crucial point in the race, and that he believed it had cost him a length and a half.
Ms Smith stated that the video clearly showed that QUEENOFTHESTONEAGE had been hindered by SO VITAL, as the head of QUEENOFTHESTONEAGE had come up at the time SO VITAL had moved outwards.
Mr Pitman did not disagree that QUEENOFTHESTONEAGE had lost ground but he attributed this to inwards movement from the horse to the outside of Mr Moseley, MCGLUSKEYSDAUGHTER, at the same time that SO VITAL shifted ground. He said the movement from SO VITAL was slight and there was always a margin back to QUEENOFTHESTONEAGE. He emphasised MCGLUSKEYSDAUGHTER had crowded and had twice brushed QUEENOFTHESTONEAGE. This he believed was the cause of the interference to QUEENOFTHESTONEAGE. He also believed that QUEENOFTHESTONEAGE had shifted ground inwards.
Mr Moseley responded that he did not believe he had shifted ground at the relevant time and that there was only a little movement from his outside. He agreed there was some brushing between the 2 horses. He said he was held up twice by the horse that finished 2nd, SO VITAL, and not by MCGLUSKEYSDAUGHTER.
Ms Pitman stated that Mr Moseley had had to take hold of QUEENOFTHESTONEAGE, but she attributed this to the inwards movement of MCGLUSKEYSDAUGHTER when under a ride with the whip. She acknowledged her horse had rolled out, but she believed it was clear of QUEENOFTHESTONEAGE when it did so.
Mr McLaughlin gave evidence that in his opinion a gap had presented itself for Mr Moseley at around the 200 metres mark and that Mr Moseley had had to take hold of QUEENOFTHESTONEAGE. He believed the major movement was from SO VITAL, and not MCGLUSKEYSDAUGHTER. He said that QUEENOFTHESTONEAGE and MCGLUSKEYSDAUGHTER had brushed twice but this was after the interference by SO VITAL. He concluded by stating the key issue in his view for the Committee was the margin between 2nd and 4th.
Reasons for Decision:
I am satisfied from viewing the videos and hearing from the riders concerned that SO VITAL has shifted ground outwards precisely at the time a gap had presented itself for QUEENOFTHESTONEAGE. Mr Moseley has had to take hold of his horse as SO VITAL had only a length advantage on QUEENOFTHESTONEAGE when it rolled out. Unfortunately for Mr Moseley as he takes hold of QUEENOFTHESTONEAGE, MCGLUSKEYSDAUGHTER shifts inwards and comes into contact with QUEENOFTHESTONEAGE. There is a further slight brushing a few strides later. Mr Moseley clearly loses momentum but this is not due solely to the movement from SO VITAL. His loss of momentum is compounded by the contact with MCGLUSKEYSDAUGHTER.
While QUEENOFTHESTONEAGE finishes off the race well, the horse was only steadily taking ground off SO VITAL. I am not satisfied that had the interference by SO VITAL not occurred that QUEENOFTHESTONEAGE would have finished ahead of SO VITAL. This view is reinforced by the fact that the inwards movement from MCGLUSKEYSDAUGHTER has also contributed to the loss of momentum suffered by QUEENOFTHESTONEAGE.
JCA Decision Fields (raw)
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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: c0d0c17fba27b34524f540e0b749aefd
informantnumber: A1929
horsename: SO VITAL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/12/2014
hearing_title: Otago RC 10 December 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of the NZB INSURANCE PEARL SERIES RACE F&M MAIDEN 1400M Mr T Moseley the rider of fourth placed QUEENOFTHESTONEAGE lodged a protest against second placing being awarded to SO VITAL pursuant to r 642(1) alleging SO VITAL interfered with the chances of QUEENOFTHESTONEAGE when shifting ground at the 200 metres.
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 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.
Judge’s placings were:
1st 2 Dalwhinnie
2nd 13 So Vital
3rd 8 Forever Vital
4th 4 Queenofthestoneage
5th 3 Fashion Lass
Margins were 3/4 of a length; a neck; a long neck.
appealdecision:
isappeal:
submissionsfordecision:
Mr Moseley demonstrated with reference to the head and side-on videos that SO VITAL had shifted ground near the 200 metres and in so doing, in his opinion, that horse had interfered with his mount, QUEENOFTHESTONEAGE. He said he was denied a run as a consequence of SO VITAL shifting ground outwards and he had to take hold of his horse before changing ground to look for a run. He believed he could have perhaps won the race, but he was certain it had cost him 2nd placing. He said he had lost momentum at a crucial point in the race, and that he believed it had cost him a length and a half.
Ms Smith stated that the video clearly showed that QUEENOFTHESTONEAGE had been hindered by SO VITAL, as the head of QUEENOFTHESTONEAGE had come up at the time SO VITAL had moved outwards.
Mr Pitman did not disagree that QUEENOFTHESTONEAGE had lost ground but he attributed this to inwards movement from the horse to the outside of Mr Moseley, MCGLUSKEYSDAUGHTER, at the same time that SO VITAL shifted ground. He said the movement from SO VITAL was slight and there was always a margin back to QUEENOFTHESTONEAGE. He emphasised MCGLUSKEYSDAUGHTER had crowded and had twice brushed QUEENOFTHESTONEAGE. This he believed was the cause of the interference to QUEENOFTHESTONEAGE. He also believed that QUEENOFTHESTONEAGE had shifted ground inwards.
Mr Moseley responded that he did not believe he had shifted ground at the relevant time and that there was only a little movement from his outside. He agreed there was some brushing between the 2 horses. He said he was held up twice by the horse that finished 2nd, SO VITAL, and not by MCGLUSKEYSDAUGHTER.
Ms Pitman stated that Mr Moseley had had to take hold of QUEENOFTHESTONEAGE, but she attributed this to the inwards movement of MCGLUSKEYSDAUGHTER when under a ride with the whip. She acknowledged her horse had rolled out, but she believed it was clear of QUEENOFTHESTONEAGE when it did so.
Mr McLaughlin gave evidence that in his opinion a gap had presented itself for Mr Moseley at around the 200 metres mark and that Mr Moseley had had to take hold of QUEENOFTHESTONEAGE. He believed the major movement was from SO VITAL, and not MCGLUSKEYSDAUGHTER. He said that QUEENOFTHESTONEAGE and MCGLUSKEYSDAUGHTER had brushed twice but this was after the interference by SO VITAL. He concluded by stating the key issue in his view for the Committee was the margin between 2nd and 4th.
reasonsfordecision:
I am satisfied from viewing the videos and hearing from the riders concerned that SO VITAL has shifted ground outwards precisely at the time a gap had presented itself for QUEENOFTHESTONEAGE. Mr Moseley has had to take hold of his horse as SO VITAL had only a length advantage on QUEENOFTHESTONEAGE when it rolled out. Unfortunately for Mr Moseley as he takes hold of QUEENOFTHESTONEAGE, MCGLUSKEYSDAUGHTER shifts inwards and comes into contact with QUEENOFTHESTONEAGE. There is a further slight brushing a few strides later. Mr Moseley clearly loses momentum but this is not due solely to the movement from SO VITAL. His loss of momentum is compounded by the contact with MCGLUSKEYSDAUGHTER.
While QUEENOFTHESTONEAGE finishes off the race well, the horse was only steadily taking ground off SO VITAL. I am not satisfied that had the interference by SO VITAL not occurred that QUEENOFTHESTONEAGE would have finished ahead of SO VITAL. This view is reinforced by the fact that the inwards movement from MCGLUSKEYSDAUGHTER has also contributed to the loss of momentum suffered by QUEENOFTHESTONEAGE.
Decision:
The protest is dismissed with the Judge’s placings being confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr T Moseley, Licensed Jockey, rider of QUEENOFTHESTONEAGE
JockeysandTrainer:
Otherperson:
PersonPresent: Ms A Smith, Licensed Trainer of QUEENOFTHESTONEAGE, Ms B Pitman, Licensed Jockey, rider of SO VITAL, Mr J McLaughlin, Stipendiary Steward
Respondent: Mr M Pitman, Licensed Trainer of SO VITAL
StipendSteward:
raceid: eabf9a65d33bc830baac5d3a1c92b35d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fd96b9ec4bc38605f7b15e54ac8f9a97
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2014
meet_title: Otago RC - 10 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Otago RC