Archive Decision

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Otago RC 12 April 2012 – R 1 (instigating a protest)

ID: JCA17591

Applicant:
Mr C Johnson - Licensed Jockey of DUBAI BEAR

Respondent(s):
Mr D Hutton - Licensed Trainer of FAITES VOS JEUX

Information Number:
5881

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Otago RC - 12 April 2012

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2012/04/12

Race Number:
R 1

Decision:

In these circumstances the protest is dismissed. Placings are as the horses crossed the line.

Facts:

Mr Johnson alleged that FAITES VOS JEUX placed first by the Judge interfered with the chances of DUBAI BEAR PLACED 2nd, the interference occurring over the concluding stages.

The official margin between 1st and 2nd was a nose.

Judge’s placings were:
1st - FAITES VOS JEUX
2nd - DUBAI BEAR
3rd - ALPINE PEARL
4th - BLOSSOM FESTIVAL

Submissions for Decision:

Mr Johnson stated that FAITES VOS JEUX was laying out and that he was forced some 2 horse widths wider on the track as a consequence. He said he could not “get at his horse”.

Mr Kennedy, the trainer of DUBAI BEAR said there was contact on 2 occasions and that Mr Johnson and not been able to use his stick. He said DUBAI BEAR was pushed off balance and was forced out some 4 or 5 horse widths. He pointed out that near the winning post Mr Johnson had to hold for one stride, which he believed had cost the horse momentum.

Mr Hutton pointed out that early in the run home DUBAI BEAR was laying in on FAITES VOS JEUX. He said there was a bit of movement by both horses.

Mr Doherty said the interference was minor, that DUBAI BEAR was laying in, and he had not been able to use his stick.

Mr Davidson was asked to comment on the video and the evidence. He said FAITES VOS JEUX had gradually moved wider on the track in the run up the straight and, in so doing, had dictated the line of DUBAI BEAR. He estimated this sideways movement to be 2 to 3 horse widths. He said the movement was more pronounced in the last 20 to 30 metres. He said although Mr Johnson had momentarily stopped using the whip, and he thought it was for ½ a stride at best, he was still pushing his mount out. He said that the committee had to consider the winning margin and be satisfied that DUBAI BEAR would have finished ahead of FAITES VOS JEUX had it not been forced wider on the track.

Reasons for Decision:

Mr Hutton and Mr Doherty are correct when they say DUBAI BEAR was laying in on FAITES VOS JEUX but this is early in the home straight and was momentary. The horse quickly straightened and we do not believe this had any influence on FAITES VOS JEUX later moving out. FAITES VOS JEUX has moved out some 2 horse widths in the run home. This movement is gradual and as a consequence the 2 horses have brushed momentarily on 2 occasions. There was no loss of momentum on either occasion. Significantly, at all times Mr Johnson has been able to use the stick on DUBAI BEAR with the exception of ½ a stride some 30 or so metres from the post. However, DUBAI BEAR does not lose momentum at this time and Mr Johnson was able to keep pushing DUBAI BEAR out. Although DUBAI BEAR was pushed wider on the track we are not satisfied that had this movement not occurred, that DUBAI BEAR would have beaten FAITES VOS JEUX.

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: f674e1bf40232be97189987452fb0f84


informantnumber: 5881


horsename: FAITES VOS JEUX


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 13/04/2012


hearing_title: Otago RC 12 April 2012 - R 1 (instigating a protest)


charge:


facts:

Mr Johnson alleged that FAITES VOS JEUX placed first by the Judge interfered with the chances of DUBAI BEAR PLACED 2nd, the interference occurring over the concluding stages.

The official margin between 1st and 2nd was a nose.

Judge’s placings were:
1st - FAITES VOS JEUX
2nd - DUBAI BEAR
3rd - ALPINE PEARL
4th - BLOSSOM FESTIVAL


appealdecision:


isappeal:


submissionsfordecision:

Mr Johnson stated that FAITES VOS JEUX was laying out and that he was forced some 2 horse widths wider on the track as a consequence. He said he could not “get at his horse”.

Mr Kennedy, the trainer of DUBAI BEAR said there was contact on 2 occasions and that Mr Johnson and not been able to use his stick. He said DUBAI BEAR was pushed off balance and was forced out some 4 or 5 horse widths. He pointed out that near the winning post Mr Johnson had to hold for one stride, which he believed had cost the horse momentum.

Mr Hutton pointed out that early in the run home DUBAI BEAR was laying in on FAITES VOS JEUX. He said there was a bit of movement by both horses.

Mr Doherty said the interference was minor, that DUBAI BEAR was laying in, and he had not been able to use his stick.

Mr Davidson was asked to comment on the video and the evidence. He said FAITES VOS JEUX had gradually moved wider on the track in the run up the straight and, in so doing, had dictated the line of DUBAI BEAR. He estimated this sideways movement to be 2 to 3 horse widths. He said the movement was more pronounced in the last 20 to 30 metres. He said although Mr Johnson had momentarily stopped using the whip, and he thought it was for ½ a stride at best, he was still pushing his mount out. He said that the committee had to consider the winning margin and be satisfied that DUBAI BEAR would have finished ahead of FAITES VOS JEUX had it not been forced wider on the track.


reasonsfordecision:

Mr Hutton and Mr Doherty are correct when they say DUBAI BEAR was laying in on FAITES VOS JEUX but this is early in the home straight and was momentary. The horse quickly straightened and we do not believe this had any influence on FAITES VOS JEUX later moving out. FAITES VOS JEUX has moved out some 2 horse widths in the run home. This movement is gradual and as a consequence the 2 horses have brushed momentarily on 2 occasions. There was no loss of momentum on either occasion. Significantly, at all times Mr Johnson has been able to use the stick on DUBAI BEAR with the exception of ½ a stride some 30 or so metres from the post. However, DUBAI BEAR does not lose momentum at this time and Mr Johnson was able to keep pushing DUBAI BEAR out. Although DUBAI BEAR was pushed wider on the track we are not satisfied that had this movement not occurred, that DUBAI BEAR would have beaten FAITES VOS JEUX.


Decision:

In these circumstances the protest is dismissed. Placings are as the horses crossed the line.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr C Johnson - Licensed Jockey of DUBAI BEAR


JockeysandTrainer:


Otherperson:


PersonPresent: Mr T Kennedy - Licensed Trainer of DUBAI BEAR, Mr R Doherty - Licensed Jockey of FAITES VOS JEUX, Mr M Davidson - Stipendiary Steward


Respondent: Mr D Hutton - Licensed Trainer of FAITES VOS JEUX


StipendSteward:


raceid: 5e0c36c9c235c5a5e0a4d55d5c019ce6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3529c6d877ea246cbd583ac08397f057


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/04/2012


meet_title: Otago RC - 12 April 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Otago RC