Pakuranga HC 21 August 2010 – R 9 (instigating a protest)

hearingid: 4421d1fd2194865c3559f88f9f93ec7d

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 21/08/2010

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Pakuranga HC 21 August 2010 - R 9 (instigating a protest)

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr B Peterson

Defendant:  N/A

Information:  032 (instigating a protest)

Meeting:  Pakuranga Hunt

Date:  21 August 2010

Venue:  Ellerslie

Race:  9

Rule No:  642 (1)

Judicial Committee:  R Seabrook, Chairman – A Dooley, Committee Member 

Also Present:  Mr G Peterson, part owner of KAMIKAZE FLYER  

                    Mr H Kasim, rider of KAMIKAZE FLYER

                         Mr G Merkulov, trainer of SAVED BY THE BELL

                         Mr A Ng, rider of SAVED BY THE BELL

                         Mr A Coles stipendiary steward

Judge’s placings in the race were:      

No 6  SAVED BY THE BELL - First

No 8  KAMIKAZE FLYER - Second

No 3  DEAD RABBITS - Third

No 5  COOLROSS - Fourth

No 6  CLASSIC KANGA - Fifth

The margin between first and second was a long neck.

All connections were informed of the protest.

Following race 9 a protest was lodged pursuant to rule 642 (1).  The informant, Mr B Peterson, alleged that SAVED BY THE BELL or its rider, placed first by the judge caused interference to KAMIKAZE FLYER, placed second by the judge.  He alleged that the interference occurred in the final straight.

Mr G Peterson demonstrated the video films and said his main complaint was the interference his horse KAMIKAZE FLYER received from the winner SAVED BY THE BELL with approximately 350 metres to run.  Mr Peterson said in his opinion there was a gap ahead of KAMIKAZE FLYER on the outside of SAVED BY THE BELL which he was entitled to take.  He said it was clear that SAVED BY THE BELL moved out forcing Mr Kasim, rider of KAMIKAZE FLYER, to shift ground to gain a better run on the inside.  Mr Petersen believed the extra ground his horse was forced over cost him more than the long neck he was beaten by.

Mr H Kasim, rider of KAMIKAZE FLYER, said that with 350 metres to run there was a gap ahead of him to take.  He said that when he was about to do so SAVED BY THE BELL moved out causing him to change ground to the inside.

Mr A Ng, rider of SAVED BY THE BELL, said his mount was not easy to ride and tended to shy.  However he said in his opinion KAMIKAZE FLYER was not going well enough to take the gap referred to above.  He said with regard to the inward movement in the last 50 metres his horse had shied enabling KAMIKAZE FLYER to get close to him.  However when the two horses came close together his mount regained his momentum and was easily holding the other horse when going to the line.  He stated he was always going to beat KAMIKAZE FLYER.

Mr G Merkulov said that in the last 50 metres KAMIKAZE FLYER was not making any ground on his horse.  He confirmed what Mr Ng had said that with the alleged interference at the 350 metres KAMIKAZE FLYER was not going well enough to take the gap.

Mr Coles (Stipendiary Steward), when asked for his assessment of the protest said it was clear on the film that between the 250 and 50 metre marks KAMIKAZE FLYER did not make any ground on SAVED BY THE BELL.  He said in his opinion KAMIKAZE FLYER did not lose any momentum through having to change ground at the 300 metres.  He conceded that KAMIKAZE FLYER did make ground in the last 50 metres which the committee should consider.

Mr Peterson when asked if he wished to sum up declined to do so.

The committee then retired for their deliberation.

REASON FOR DECISION:

The committee carefully considered all evidence and submissions before delivering their decision.  We concede that KAMIKAZE FLYER did have to change ground at the 300 metres to go on the inside of SAVED BY THE BELL when that horse moved out.  However, as KAMIKAZE FLYER was approximately 1 ¼ lengths behind SAVED BY THE BELL, Mr Kasim did not stop riding and he did not lose any momentum.  Importantly from that point until the final 50 metres KAMIKAZE FLYER did not make up any ground on SAVED BY THE BELL. 

With regard to the movement by SAVED BY THE BELL in the last 50 metres the committee is satisfied this was caused by him racing erratically and this was the only reason that KAMIKAZE FLYER got as close as he did to SAVED BY THE BELL.  When he concentrated again he regained momentum and was holding KAMIKAZE FLYER in the final run to the post.  It was evident he did not interfere with KAMIKAZE FLYER in this movement prior to the post but indeed cost himself valuable ground by starting to ease up.  It is noteworthy that at no stage in either incident did Mr Kasim have to stop riding. 

For these reasons we are not satisfied that KAMIKAZE FLYER would have beaten SAVED BY THE BELL had interference not occurred.

DECISION:

Therefore the protest is dismissed and the judge’s placings shall stand.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 642(1)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 23231827fd34df9469ce69ac8cab7f3a

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 9

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 4ffcff40166548b59ab5d7daea501d59

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 21/08/2010

meet_title: Pakuranga HC - 21 August 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: pakuranga-hc

meet_racingtype: thoroughbred-racing

meet_chair: tom

meet_pm1: tom

meet_pm2: tom

name: Pakuranga HC