Pakuranga HC 24 August 2013 – R 5 (instigating a protest)
ID: JCA12178
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 24 August 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/08/24
Race Number:
R5
Decision:
Accordingly the protest is dismissed and the Judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
Facts:
Following the running of Race 5, TWOMEY CONSTRUCTION 2200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Alton, alleged that SAVED BY THE BELL placed 1st by the Judge interfered with the chances of BROMPTON placed 2nd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No. 7 SAVED BY THE BELL
2nd No. 4 BROMPTON
3rd No. 6 IRENE ALICE
4th No. 1 JUST GOT HOME
The official margin between 1st and 2nd was a nose.
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”.
Submissions for Decision:
At the commencement of the protest Mr Sweeney advised that he would represent the connections of SAVED BY THE BELL due to Mr Merkulov being required to attend to his horse.
Mr Alton demonstrated on the video films that Mr Innes had to pull back from going between IRENE ALICE and SAVED BY THE BELL at approximately the 280 metres. He said that BROMPTON was dictated to by both IRENE ALICE and SAVED BY THE BELL which resulted in BROMPTON racing in the worst part of the ground. He noted that BROMPTON was taking ground off SAVED BY THE BELL over the closing stages of the race.
In response to questions from the Committee, Mr Alton acknowledged that IRENE ALICE did definitely contribute to the incident and that the interference cost BROMPTON winning the race.
Mr Innes submitted that there was always a gap for BROMPTON and that the first inward movement came from SAVED BY THE BELL. He stated that it was the actions of SAVED BY THE BELL that forced to him to switch ground at approximately the 280 metres mark. He said that although he never had to stop riding BROMPTON the interference cost him momentum for 3 or 4 strides.
Mr Sweeney submitted that IRENE ALICE clearly closed the gap on BROMPTON. He said his mount shifted in only half a horse width. He said that IRENE ALICE shifted out and made contact with his mount. He pointed out that at no stage did Mr Innes stop riding BROMPTON. He added that BROMPTON had its chance to win the race.
Mr Oatham when asked for the Stewards' interpretation of the alleged interference submitted that IRENE ALICE shifted out and was the major contributor to the interference. He stated that he did not believe there was any significant interference that affected BROMPTON's chances and the Stewards have difficulty in supporting the protest.
Mr Alton when given the opportunity to sum up had nothing further to add.
Reasons for Decision:
The Committee carefully considered all evidence and submissions presented and reviewed all the available video films several times. We established on the head on film at approximately the 280 metres that BROMPTON sought to take a gap between IRENE ALICE and SAVED BY THE BELL but prior to doing so the gap closed. As a result BROMPTON changed ground for 3 strides when shifting to the inside of IRENE ALICE. It is the opinion of the Committee that the gap closed because IRENE ALICE shifted outwards by at least 2 horse widths and this was the primary cause for BROMPTON to change ground. We note that SAVED BY THE BELL did move in slightly, but did not cause any interference in doing so.
On that basis the Committee is satisfied that SAVED BY THE BELL did not cause the interference to BROMPTON.
It is clear on the video films that over the final 250 metres that all 3 horses contesting the finish shifted inwards but neither of them made contact. We note that Mr Innes at no stage stopped riding his horse forward with the whip and BROMPTON had an uninterrupted run to the finish line.
For these reasons the Committee does not support this protest.
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: 3c31da3abf8c022438458083b41c0bfd
informantnumber: A4291
horsename: SAVED BY THE BELL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/08/2013
hearing_title: Pakuranga HC 24 August 2013 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, TWOMEY CONSTRUCTION 2200, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr Alton, alleged that SAVED BY THE BELL placed 1st by the Judge interfered with the chances of BROMPTON placed 2nd by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No. 7 SAVED BY THE BELL
2nd No. 4 BROMPTON
3rd No. 6 IRENE ALICE
4th No. 1 JUST GOT HOME
The official margin between 1st and 2nd was a nose.
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”.
appealdecision:
isappeal:
submissionsfordecision:
At the commencement of the protest Mr Sweeney advised that he would represent the connections of SAVED BY THE BELL due to Mr Merkulov being required to attend to his horse.
Mr Alton demonstrated on the video films that Mr Innes had to pull back from going between IRENE ALICE and SAVED BY THE BELL at approximately the 280 metres. He said that BROMPTON was dictated to by both IRENE ALICE and SAVED BY THE BELL which resulted in BROMPTON racing in the worst part of the ground. He noted that BROMPTON was taking ground off SAVED BY THE BELL over the closing stages of the race.
In response to questions from the Committee, Mr Alton acknowledged that IRENE ALICE did definitely contribute to the incident and that the interference cost BROMPTON winning the race.
Mr Innes submitted that there was always a gap for BROMPTON and that the first inward movement came from SAVED BY THE BELL. He stated that it was the actions of SAVED BY THE BELL that forced to him to switch ground at approximately the 280 metres mark. He said that although he never had to stop riding BROMPTON the interference cost him momentum for 3 or 4 strides.
Mr Sweeney submitted that IRENE ALICE clearly closed the gap on BROMPTON. He said his mount shifted in only half a horse width. He said that IRENE ALICE shifted out and made contact with his mount. He pointed out that at no stage did Mr Innes stop riding BROMPTON. He added that BROMPTON had its chance to win the race.
Mr Oatham when asked for the Stewards' interpretation of the alleged interference submitted that IRENE ALICE shifted out and was the major contributor to the interference. He stated that he did not believe there was any significant interference that affected BROMPTON's chances and the Stewards have difficulty in supporting the protest.
Mr Alton when given the opportunity to sum up had nothing further to add.
reasonsfordecision:
The Committee carefully considered all evidence and submissions presented and reviewed all the available video films several times. We established on the head on film at approximately the 280 metres that BROMPTON sought to take a gap between IRENE ALICE and SAVED BY THE BELL but prior to doing so the gap closed. As a result BROMPTON changed ground for 3 strides when shifting to the inside of IRENE ALICE. It is the opinion of the Committee that the gap closed because IRENE ALICE shifted outwards by at least 2 horse widths and this was the primary cause for BROMPTON to change ground. We note that SAVED BY THE BELL did move in slightly, but did not cause any interference in doing so.
On that basis the Committee is satisfied that SAVED BY THE BELL did not cause the interference to BROMPTON.
It is clear on the video films that over the final 250 metres that all 3 horses contesting the finish shifted inwards but neither of them made contact. We note that Mr Innes at no stage stopped riding his horse forward with the whip and BROMPTON had an uninterrupted run to the finish line.
For these reasons the Committee does not support this protest.
Decision:
Accordingly the protest is dismissed and the Judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr G Alton - Trainer of BROMPTON
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Oatham - Senior Stipendiary Steward, Mr M Sweeney - Rider of SAVED BY THE BELL, Mr L Innes- Rider of BROMPTON
Respondent: Mr G Merkulov - Trainer of SAVED BY THE BELL
StipendSteward:
raceid: 74e194fe27355c8d495588ab0e6b32a5
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: 4277ab67905c0a9f4d7e4c36422971e9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2013
meet_title: Pakuranga HC - 24 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Pakuranga HC