Otago RC 4 March 2012 – R 5 (instigating a protest)
ID: JCA16756
Code:
Thoroughbred
Meet Title:
Otago RC - 4 March 2012
Meet Chair:
KHales
Meet Committee Member 1:
PKnowles
Race Date:
2012/03/04
Race Number:
R 5
Decision:
The protest is dismissed and the placings are confirmed.
1st - Horse 4
2nd - Horse 9
3rd - Horse 3
4th - Horse 10
5th - Horse 7
Facts:
Mr Moseley told the hearing that as the field raced down the back straight, that his mount "Tough Nut" was racing a length back on "The Choice" ridden by Ms Templeman. "The Choice", he said, was running about one off the rail and leading. They continued to run in this manner until the turn for home.
Mr Moseley alleged that as they rounded the turn, that Ms Templeman allowed her horse to drift out by two to three horse widths, which had the effect of forcing him over extra ground. He said that he had to then move to the inside of "The Choice" in order to improve. He said that he thought that he lost half to three quarters of a length. He conceded that the degree of the interference was not at the high end of the scale. He said that at the point of the turn, that he was beginning to race on even terms with Ms Templeman, and that she was not her own length and another length clear when she made her outward movement.
Ms Templeman, in response, said that she let her horse drift out on the turn to get better running, and believed, that, having regard to the position that she was holding that she was entitled to do so. She said that any interference caused was minimal.
The incident was then shown on the video coverage. Of significance was that in the last 150 metres approximately, that "Tough Nut" improved and headed "The Choice" for a few strides. However, "The Choice" improved again and finished in second place by approximately a head.
"The Choice" finished in second place with "Tough Nut" finishing third. The official margin between 2nd and 3rd was, a head.
Submissions for Decision:
Mr Moseley submitted that as a result of the interference, that he was deprived of finishing in a better position.
Mr J Dennis, a part owner of "The Choice" submitted that there was no interference, as "The Choice" at the point of the turn, had the right to move out to make its own running.
Mr AL Ray, Stipendiary Steward, was given the opportunity to comment. He said that he thought the interference was minimal and that it was for the Judicial Commttee to consider whether or not, "Tough Nut" would have beaten "The Choice", had it not been for the interference.
Reasons for Decision:
After considering the matter, the Judicial Committee was of the view that any interference which occurred was minimal. In any event in the home straight, "Tough Nut" actually headed off "The Choice" for a number of strides. However, "The Choice" picked up under a hard ride to the extent that it improved on to take second place, ahead of "Tough Nut".
Therefore, having considered all of the evidence and the submissions made we cannot find that "Tough Nut" would have finished in a better position, had the interference 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: dc4337dfd640fb1e32d380cb0335892f
informantnumber: A5232
horsename: TOUGH NUT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/02/2012
hearing_title: Otago RC 4 March 2012 - R 5 (instigating a protest)
charge:
facts:
Mr Moseley told the hearing that as the field raced down the back straight, that his mount "Tough Nut" was racing a length back on "The Choice" ridden by Ms Templeman. "The Choice", he said, was running about one off the rail and leading. They continued to run in this manner until the turn for home.
Mr Moseley alleged that as they rounded the turn, that Ms Templeman allowed her horse to drift out by two to three horse widths, which had the effect of forcing him over extra ground. He said that he had to then move to the inside of "The Choice" in order to improve. He said that he thought that he lost half to three quarters of a length. He conceded that the degree of the interference was not at the high end of the scale. He said that at the point of the turn, that he was beginning to race on even terms with Ms Templeman, and that she was not her own length and another length clear when she made her outward movement.
Ms Templeman, in response, said that she let her horse drift out on the turn to get better running, and believed, that, having regard to the position that she was holding that she was entitled to do so. She said that any interference caused was minimal.
The incident was then shown on the video coverage. Of significance was that in the last 150 metres approximately, that "Tough Nut" improved and headed "The Choice" for a few strides. However, "The Choice" improved again and finished in second place by approximately a head.
"The Choice" finished in second place with "Tough Nut" finishing third. The official margin between 2nd and 3rd was, a head.
appealdecision:
isappeal:
submissionsfordecision:
Mr Moseley submitted that as a result of the interference, that he was deprived of finishing in a better position.
Mr J Dennis, a part owner of "The Choice" submitted that there was no interference, as "The Choice" at the point of the turn, had the right to move out to make its own running.
Mr AL Ray, Stipendiary Steward, was given the opportunity to comment. He said that he thought the interference was minimal and that it was for the Judicial Commttee to consider whether or not, "Tough Nut" would have beaten "The Choice", had it not been for the interference.
reasonsfordecision:
After considering the matter, the Judicial Committee was of the view that any interference which occurred was minimal. In any event in the home straight, "Tough Nut" actually headed off "The Choice" for a number of strides. However, "The Choice" picked up under a hard ride to the extent that it improved on to take second place, ahead of "Tough Nut".
Therefore, having considered all of the evidence and the submissions made we cannot find that "Tough Nut" would have finished in a better position, had the interference not occurred.
Decision:
The protest is dismissed and the placings are confirmed.
1st - Horse 4
2nd - Horse 9
3rd - Horse 3
4th - Horse 10
5th - Horse 7
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 642(1)
Informant: TJ Moseley - Licensed Jockey
JockeysandTrainer:
Otherperson:
PersonPresent: Mr AL Ray - Stipendiary Steward
Respondent: A Templeman - Apprentice Jockey
StipendSteward:
raceid: ac7eb552ce5dbca3e3f4e6a0eb70b17e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eda4959bd4732c26a3649529bf87ce07
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2012
meet_title: Otago RC - 4 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: PKnowles
meet_pm2: none
name: Otago RC