Stratford RC 29 December 2018 – R 5 (instigating a protest) – Chair, Mr T Utikere
ID: JCA15871
Code:
Thoroughbred
Meet Title:
Stratford RC - 29 December 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
TBird
Race Date:
2018/12/29
Race Number:
R7
Decision:
The protest was dismissed and placings were confirmed as:
1st - (1) BIZZWINKLE
2nd - (6) LORDE HAVE MERCY
3rd - (3) GORBACHEV
4th - (5) HANK MOODY
5th - (7) KORAKONUI
6th - (2) DUFFERS CREEK
The committee authorised the immediate payment of dividends and stakes in accordance with its decision.
Facts:
Following the running of Race 7 (OPS PLUMBING AND PIPELINE STRATFORD CUP), Licensed Trainer, Mr R Bergeson (HANK MOODY) filed Information A12263 instigating a protest against the connections of GORBACHEV who finished 3rd, alleging interference with HANK MOODY which finished 4th.
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.
The provisional placings were:
1st - (1) BIZZWINKLE
2nd - (6) LORDE HAVE MERCY
3rd - (3) GORBACHEV
4th - (5) HANK MOODY
5th - (7) KORAKONUI
6th - (2) DUFFERS CREEK
The margin between third and fourth was a nose.
Submissions for Decision:
Using the head-on film, Mr Balcombe identified both horses approaching the 200m, with GORBACHEV positioned ahead of, but to HANK MOODY’s inside. The Committee also requested that the side-on film was also shown during the hearing.
Mrs Allpress (HANK MOODY), used the films to identify that she had a clear line of running, but that in the run to the line, GORBACHEV had pushed her outwards, so that she was unable to use the whip. She said she was entitled to her established, clear line of running and that she had been bumped twice by GORBACHEV in the straight. She said that the horse had laid out on her and that If she had not been hampered, she believed she would have beaten GORBACHEV as the margin was only a nose.
Mr Bergeson supported Mrs Allpress’ submissions and also suggested that his jockey had been unable to properly ride his horse, that HANK MOODY had come from ¾ length behind, had been bumped twice and had only been beaten by a nose.
The rider of GORBACHEV, Mr Elliot, used the head-on film to indicate that he had presented his run, and that based on the mown lawn strips, one could clearly see that the horse located to the outside of HANK MOODY (KORAKONUI - R Hannam) had come in ½ length. He also submitted that the films demonstrated that Mrs Allpress never stopped riding nor did she take a hold; rather that she continued to push it out.
For GORBACHEV’s connection, Mr McAlister stated that GORBACHEV had a clear run and that if the Committee were to follow the mown lawn strips, it would observe that the outwards movement from his horse was minimal, if any, and that it not be more than one horse width between the 200 metres and the winning post. He also reiterated that KORAKONUI had lay in on HANK MOODY, but that Mrs Allpress had continued to ride aggressively to the line.
Mr Goodwin was invited to comment on the incident, but not he merits of the protest. In response, he submitted his belief that at no stage had GORBACHEV crossed into the line of HANK MOODY. He accepted that there was contact between both runners in close quarters but that Mrs Allpress did not stop riding with the whip. He submitted that no interference had occurred, but if it had, then it would be minimal.
Reasons for Decision:
After hearing all the evidence, the Committee considered the submissions relating to the alleged interference over the final stages. Upon review of all available films, the Committee observed that prior to the 200 metres, HANK MOODY slightly moved outwards, after re-balancing itself when turning for home. Approaching the 200 metres, it was clear, particularly from the head-on film, that any outwards movement from GORBACHEV from that point was minimal. There was some inwards movement from Mr Hannam’s mount racing to the outside of Mrs Allpress, which was in fact more abrupt than any perceived movement from GORBACHEV.
What was obvious was that whatever was alleged to have occurred did not have any impact upon Mrs Allpress’ ability to ride her horse out to the line. In fact, the films demonstrate that Mrs Allpress was not prevented from using her whip which was in her outside (right) hand. While the margin was only a nose, there was no interference that could be solely attributed to GORBACHEV.
Consequently, it follows that we were not be satisfied that HANK MOODY would have beaten GORBACHEV.
Decision Date: 01/01/2019
Publish Date: 01/01/2019
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: dec5345dc4f129031dc203a3aecc28d2
informantnumber: A12263
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/01/2019
hearing_title: Stratford RC 29 December 2018 - R 5 (instigating a protest) - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7 (OPS PLUMBING AND PIPELINE STRATFORD CUP), Licensed Trainer, Mr R Bergeson (HANK MOODY) filed Information A12263 instigating a protest against the connections of GORBACHEV who finished 3rd, alleging interference with HANK MOODY which finished 4th.
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.
The provisional placings were:
1st - (1) BIZZWINKLE
2nd - (6) LORDE HAVE MERCY
3rd - (3) GORBACHEV
4th - (5) HANK MOODY
5th - (7) KORAKONUI
6th - (2) DUFFERS CREEK
The margin between third and fourth was a nose.
appealdecision:
isappeal:
submissionsfordecision:
Using the head-on film, Mr Balcombe identified both horses approaching the 200m, with GORBACHEV positioned ahead of, but to HANK MOODY’s inside. The Committee also requested that the side-on film was also shown during the hearing.
Mrs Allpress (HANK MOODY), used the films to identify that she had a clear line of running, but that in the run to the line, GORBACHEV had pushed her outwards, so that she was unable to use the whip. She said she was entitled to her established, clear line of running and that she had been bumped twice by GORBACHEV in the straight. She said that the horse had laid out on her and that If she had not been hampered, she believed she would have beaten GORBACHEV as the margin was only a nose.
Mr Bergeson supported Mrs Allpress’ submissions and also suggested that his jockey had been unable to properly ride his horse, that HANK MOODY had come from ¾ length behind, had been bumped twice and had only been beaten by a nose.
The rider of GORBACHEV, Mr Elliot, used the head-on film to indicate that he had presented his run, and that based on the mown lawn strips, one could clearly see that the horse located to the outside of HANK MOODY (KORAKONUI - R Hannam) had come in ½ length. He also submitted that the films demonstrated that Mrs Allpress never stopped riding nor did she take a hold; rather that she continued to push it out.
For GORBACHEV’s connection, Mr McAlister stated that GORBACHEV had a clear run and that if the Committee were to follow the mown lawn strips, it would observe that the outwards movement from his horse was minimal, if any, and that it not be more than one horse width between the 200 metres and the winning post. He also reiterated that KORAKONUI had lay in on HANK MOODY, but that Mrs Allpress had continued to ride aggressively to the line.
Mr Goodwin was invited to comment on the incident, but not he merits of the protest. In response, he submitted his belief that at no stage had GORBACHEV crossed into the line of HANK MOODY. He accepted that there was contact between both runners in close quarters but that Mrs Allpress did not stop riding with the whip. He submitted that no interference had occurred, but if it had, then it would be minimal.
reasonsfordecision:
After hearing all the evidence, the Committee considered the submissions relating to the alleged interference over the final stages. Upon review of all available films, the Committee observed that prior to the 200 metres, HANK MOODY slightly moved outwards, after re-balancing itself when turning for home. Approaching the 200 metres, it was clear, particularly from the head-on film, that any outwards movement from GORBACHEV from that point was minimal. There was some inwards movement from Mr Hannam’s mount racing to the outside of Mrs Allpress, which was in fact more abrupt than any perceived movement from GORBACHEV.
What was obvious was that whatever was alleged to have occurred did not have any impact upon Mrs Allpress’ ability to ride her horse out to the line. In fact, the films demonstrate that Mrs Allpress was not prevented from using her whip which was in her outside (right) hand. While the margin was only a nose, there was no interference that could be solely attributed to GORBACHEV.
Consequently, it follows that we were not be satisfied that HANK MOODY would have beaten GORBACHEV.
Decision:
The protest was dismissed and placings were confirmed as:
1st - (1) BIZZWINKLE
2nd - (6) LORDE HAVE MERCY
3rd - (3) GORBACHEV
4th - (5) HANK MOODY
5th - (7) KORAKONUI
6th - (2) DUFFERS CREEK
The committee authorised the immediate payment of dividends and stakes in accordance with its decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 642(1)
Informant: Mr R Bergerson - Trainer of HANK MOODY
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D Balcombe - Stipendiary Steward, Mr N Goodwin - Stipendiary Steward
Respondent: Mrs L Allpress - Rider of HANK MOODY, Mr R Elliot - Rider of GORBACHEV, Mr N McAlister - Representing Connections of GORBACHEV
StipendSteward:
raceid: afff522e8af935c25329f26666599c60
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6bc385520f90de072b64f7b0072fc41e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2018
meet_title: Stratford RC - 29 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: stratford-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: TBird
meet_pm2: none
name: Stratford RC