R Tauranga 5 February 2014 – R 3 (instigating a protest)
ID: JCA12803
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 5 February 2014
Meet Chair:
ADooley
Race Date:
2014/02/05
Race Number:
R 3
Decision:
Accordingly, the protest is upheld and the amended placings are now:
1st No.6 MRS SIN
2nd No.3 ERNIE
3rd No.2 MALCOLM
4th No.4 ROGART
5th No.8 STAGE DOOR
In conclusion I order the payment of stakes and dividends.
Facts:
Following the running of Race 3, Mills Reef Winery & Restaurant 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr D Hain, alleged that ROGART placed 3rd by the Judge interfered with the chances of MALCOLM placed 4th by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No.6 MRS SIN
2nd No.3 ERNIE
3rd No.4 ROGART
4th No.2 MALCOLM
The official margin between 3rd and 4th was a short neck.
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:
Mr McKeagg the trainer of ROGART was late arriving at the hearing because he was required to saddle up his horse in the following race. I gave Mr McKeagg the opportunity to view the video films before the hearing commenced.
In response to a question from the Chairman, Mr McKeagg advised that he did not wish to contest the protest and this was recorded on the Information.
Mrs Wright, Mr Hain and Mr Oatham agreed their submissions were not required due to the protest not being contested.
Reasons for Decision:
I carefully considered all of the submissions and reviewed the video films. It was clear that ROGART shifted out abruptly at approximately the 250 metres when not the required distance clear of MALCOLM. This resulted in MALCOLM receiving a severe check and losing ground when racing in a challenging position. It is significant that after the interference occurred MALCOLM was taking ground off ROGART to get within a short neck at the finish.
I note Mr McKeagg did not contest the protest.
Therefore, for the above reasons I am satisfied that MALCOLM would have beaten ROGART had such 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: 5a04d5eebce2102f666933369f6c4d4a
informantnumber: A2949
horsename: ROGART
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2014
hearing_title: R Tauranga 5 February 2014 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, Mills Reef Winery & Restaurant 1400, an Information was filed Instigating a Protest pursuant to Rule 642(1). The Informant, Mr D Hain, alleged that ROGART placed 3rd by the Judge interfered with the chances of MALCOLM placed 4th by the Judge.
The interference was alleged to have occurred in the final straight.
The Judge's placing were as follows:
1st No.6 MRS SIN
2nd No.3 ERNIE
3rd No.4 ROGART
4th No.2 MALCOLM
The official margin between 3rd and 4th was a short neck.
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:
Mr McKeagg the trainer of ROGART was late arriving at the hearing because he was required to saddle up his horse in the following race. I gave Mr McKeagg the opportunity to view the video films before the hearing commenced.
In response to a question from the Chairman, Mr McKeagg advised that he did not wish to contest the protest and this was recorded on the Information.
Mrs Wright, Mr Hain and Mr Oatham agreed their submissions were not required due to the protest not being contested.
reasonsfordecision:
I carefully considered all of the submissions and reviewed the video films. It was clear that ROGART shifted out abruptly at approximately the 250 metres when not the required distance clear of MALCOLM. This resulted in MALCOLM receiving a severe check and losing ground when racing in a challenging position. It is significant that after the interference occurred MALCOLM was taking ground off ROGART to get within a short neck at the finish.
I note Mr McKeagg did not contest the protest.
Therefore, for the above reasons I am satisfied that MALCOLM would have beaten ROGART had such interference not occurred.
Decision:
Accordingly, the protest is upheld and the amended placings are now:
1st No.6 MRS SIN
2nd No.3 ERNIE
3rd No.2 MALCOLM
4th No.4 ROGART
5th No.8 STAGE DOOR
In conclusion I order the payment of stakes and dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr D Hain - Rider of MALCOLM
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Oatham - Senior Stipendiary Steward, Mrs S Wright - trainer of MALCOLM, Mr J Oliver - rider of ROGART
Respondent: Mr B McKeagg - Trainer of ROGART
StipendSteward:
raceid: 0bf8f1b3a6eb5cdff67c5a5ce9e7700b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eba89eb398cc1fced5ae1bc14f3e13dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2014
meet_title: Racing Tauranga - 5 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Tauranga