Archive Decision

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Roxburgh TC 4 January 2013 – R 11 (instigating a protest)

ID: JCA17977

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
M A Armour - Licensed Horseman driver of CULLEN'S FINEST

Information Number:
1958

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
Roxburgh TC - 4 January 2013

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2013/01/04

Race Number:
R11

Decision:

Amended placings are:

1st - 9 PRESS ON
2nd - 1 HUGO SEELSTER
3rd - 11 NIGHT EMBERZ
4th - 3 BARBERINO
5th - 8 JERRY FITZ

Stakes and dividends are authorised to be paid accordingly.

Facts:

Mr Renault alleged that horse number 2, CULLEN’S FINEST, placed 3rd by the Judge interfered with the chances of horse number 10, ARANCIA, placed 8th by the Judge, in that CULLEN’S FINEST shifted inwards in the run home checking ARANCIA.

Judge’s placings were:

1st  - 9 PRESS ON
2nd - 1 HUGO SEELSTER
3rd - 2 CULLEN’S FINEST
4th - 11 NIGHT EMBERZ
5th - 3 BARBERINO
6th - 8 JERRY FITZ

Submissions for Decision:

Mr Renault demonstrated on the videos that ARANCIA was running 3rd, perhaps even still 2nd, and was about 100 metres from the winning post, when that horse was severely checked as a result of inwards movement from CULLEN’S FINEST. He demonstrated that Ms Graham the driver of ARANCIA had had to take hold of her horse and that the horse had finished 8th, a little over a length from the 4th horse. He believed the interference had cost ARANCIA at least a length.

Ms Graham gave evidence that her horse was travelling “well” at the time of the interference and thought she might have finished 3rd, and definitely 4th had she not lost momentum. She said CULLEN’S FINEST came “straight in and took her front feet”. She had had to take hold and the horse had rallied well once it had regained its balance and momentum.

Mr Armour asked Ms Graham whether there was contact. She replied in the affirmative. Mr Armour said he did not believe there had been. He said he believed Ms Graham had over-reacted or panicked when CULLEN’S FINEST came in. He said CULLEN’S FINEST ducked in sharply and that ARANCIA was flat having been under a hard drive from about the 300 metres. He did not believe ARANCIA’s chances of finishing in the first 4 had been affected.

Reasons for Decision:

We are satisfied that CULLEN’S FINEST has caused interference to ARANCIA. The progress and chances of ARANCIA were clearly affected by the inwards movement of CULLEN’S FINEST at the 100 metres. CULLEN’S FINEST has ducked in under ARANCIA with the consequence that Ms Graham has had to severely check her horse and has lost significant momentum. In exercising our discretion to relegate CULLEN’S FINEST to behind ARANCIA, we are satisfied that ARANCIA was running in 3rd position at the time of the interference, that the horse, although under a hard drive for some distance, was still responding to the urgings of Ms Graham. Her evidence is clear that she believed the horse would have finished 3rd or 4th. After viewing the videos, we believe 4th to be more likely. ARANCIA was essentially stopped in its tracks when CULLEN’S FINEST has come in underneath it. ARANCIA has picked itself up, and although it finished 8th, it was just over a length from the 4th horse.

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: de8154868368991c8750a6fa464f7aa8


informantnumber: 1958


horsename: CULLEN'S FINEST


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/12/2012


hearing_title: Roxburgh TC 4 January 2013 - R 11 (instigating a protest)


charge:


facts:

Mr Renault alleged that horse number 2, CULLEN’S FINEST, placed 3rd by the Judge interfered with the chances of horse number 10, ARANCIA, placed 8th by the Judge, in that CULLEN’S FINEST shifted inwards in the run home checking ARANCIA.

Judge’s placings were:

1st  - 9 PRESS ON
2nd - 1 HUGO SEELSTER
3rd - 2 CULLEN’S FINEST
4th - 11 NIGHT EMBERZ
5th - 3 BARBERINO
6th - 8 JERRY FITZ


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault demonstrated on the videos that ARANCIA was running 3rd, perhaps even still 2nd, and was about 100 metres from the winning post, when that horse was severely checked as a result of inwards movement from CULLEN’S FINEST. He demonstrated that Ms Graham the driver of ARANCIA had had to take hold of her horse and that the horse had finished 8th, a little over a length from the 4th horse. He believed the interference had cost ARANCIA at least a length.

Ms Graham gave evidence that her horse was travelling “well” at the time of the interference and thought she might have finished 3rd, and definitely 4th had she not lost momentum. She said CULLEN’S FINEST came “straight in and took her front feet”. She had had to take hold and the horse had rallied well once it had regained its balance and momentum.

Mr Armour asked Ms Graham whether there was contact. She replied in the affirmative. Mr Armour said he did not believe there had been. He said he believed Ms Graham had over-reacted or panicked when CULLEN’S FINEST came in. He said CULLEN’S FINEST ducked in sharply and that ARANCIA was flat having been under a hard drive from about the 300 metres. He did not believe ARANCIA’s chances of finishing in the first 4 had been affected.


reasonsfordecision:

We are satisfied that CULLEN’S FINEST has caused interference to ARANCIA. The progress and chances of ARANCIA were clearly affected by the inwards movement of CULLEN’S FINEST at the 100 metres. CULLEN’S FINEST has ducked in under ARANCIA with the consequence that Ms Graham has had to severely check her horse and has lost significant momentum. In exercising our discretion to relegate CULLEN’S FINEST to behind ARANCIA, we are satisfied that ARANCIA was running in 3rd position at the time of the interference, that the horse, although under a hard drive for some distance, was still responding to the urgings of Ms Graham. Her evidence is clear that she believed the horse would have finished 3rd or 4th. After viewing the videos, we believe 4th to be more likely. ARANCIA was essentially stopped in its tracks when CULLEN’S FINEST has come in underneath it. ARANCIA has picked itself up, and although it finished 8th, it was just over a length from the 4th horse.


Decision:

Amended placings are:

1st - 9 PRESS ON
2nd - 1 HUGO SEELSTER
3rd - 11 NIGHT EMBERZ
4th - 3 BARBERINO
5th - 8 JERRY FITZ

Stakes and dividends are authorised to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Ms C Graham - Graduation Horsewoman driver of ARANCIA


Respondent: M A Armour - Licensed Horseman driver of CULLEN'S FINEST


StipendSteward:


raceid: d2dfe766fdab17506729df77f8e0db14


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: adf379ebf278b227f0f0de9da2d8cf5b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/01/2013


meet_title: Roxburgh TC - 4 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: roxburgh-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Roxburgh TC