Taranaki RI 17 January 2019 – R 5 (instigating a protest) – Chair, Mr N McCutcheon
ID: JCA15537
Code:
Thoroughbred
Meet Title:
Taranaki RC - 17 January 2019
Meet Chair:
none
Race Date:
2019/01/17
Race Number:
R 5
Decision:
In exercising its discretion the Committee upheld the Protest second against first.
Placings then read:
1st-MIKJENE (No.5)
-2nd-MALO BIK (No.1)
-3rd-CLEAVER (No.4)
-4th-SMOKEN HOT (No.3)
Authorisation for payment of dividends and prize money was given on the amended placings.
Facts:
Following the running of Race 5 (Peninsula Beachfront Resort Mooloolaba Supporting Life Education Trust 1400) Information No. A12269 was filed with the Judicial Committee. The Stipendiary Stewards lodged a Protest against the first-placed horse MALO BIK on the grounds of alleged interference to the second-placed horse MIKJENE within the final 100m.
The procedure that the hearing would follow and the meaning of the Rule was explained to those present. The Chair advised that for a Protest to succeed the Committee needed to be satisfied that the horse so interfered with would have beaten the offending horse if interference had not occurred.
Rule 642(1) provides:
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.
Judge’s Placings:
1st-MALO BIK
-2ND-MIKJENE
-3RD-CLEAVER
-4th-SMOKEN HOT
The margin between 1st and 2nd was a nose.
Submissions for Decision:
Mr Oatham identified the horses concerned on the film replays. He said that as they straightened up MALO BIK was in front against the running rail. He said that shortly afterwards Mr Pinn the rider of MALO BIK drew the whip and his horse shifted out a little. He said Mr Pinn then stopped riding with the whip. He then said that near the 100m Mr Pinn drew the whip again and that MALO BIK shifted outwards into MIKJENE’s line with that runner being impeded and forced out over two horse-widths.
Reasons for Decision:
Subsequent to seeing the films and hearing the Stipendiary Steward’s interpretation of the interference, Mr Sharrock the Trainer of MALO BIK conceded that his horse had caused interference and that MIKJENE should be declared the winner. Mr Pinn agreed with Mr Sharrock.
The Committee was satisfied that MALO BIK did shift out and impede the progress of MIKJENE near the 100m and that over the final stages MIKJENE made up approximately ¾ length on MALO BIK.
Taking into account all of the above matters and the margin of a nose the Committee was comfortably satisfied that if such interference had not occurred that MIKJENE would have finished in advance of MALO BIK at the conclusion of the race.
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: af957eac081a6fa3bb559515a4892a7a
informantnumber: A12269
horsename: MALO BIK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2019
hearing_title: Taranaki RI 17 January 2019 - R 5 (instigating a protest) - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 5 (Peninsula Beachfront Resort Mooloolaba Supporting Life Education Trust 1400) Information No. A12269 was filed with the Judicial Committee. The Stipendiary Stewards lodged a Protest against the first-placed horse MALO BIK on the grounds of alleged interference to the second-placed horse MIKJENE within the final 100m.
The procedure that the hearing would follow and the meaning of the Rule was explained to those present. The Chair advised that for a Protest to succeed the Committee needed to be satisfied that the horse so interfered with would have beaten the offending horse if interference had not occurred.
Rule 642(1) provides:
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.
Judge’s Placings:
1st-MALO BIK
-2ND-MIKJENE
-3RD-CLEAVER
-4th-SMOKEN HOT
The margin between 1st and 2nd was a nose.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham identified the horses concerned on the film replays. He said that as they straightened up MALO BIK was in front against the running rail. He said that shortly afterwards Mr Pinn the rider of MALO BIK drew the whip and his horse shifted out a little. He said Mr Pinn then stopped riding with the whip. He then said that near the 100m Mr Pinn drew the whip again and that MALO BIK shifted outwards into MIKJENE’s line with that runner being impeded and forced out over two horse-widths.
reasonsfordecision:
Subsequent to seeing the films and hearing the Stipendiary Steward’s interpretation of the interference, Mr Sharrock the Trainer of MALO BIK conceded that his horse had caused interference and that MIKJENE should be declared the winner. Mr Pinn agreed with Mr Sharrock.
The Committee was satisfied that MALO BIK did shift out and impede the progress of MIKJENE near the 100m and that over the final stages MIKJENE made up approximately ¾ length on MALO BIK.
Taking into account all of the above matters and the margin of a nose the Committee was comfortably satisfied that if such interference had not occurred that MIKJENE would have finished in advance of MALO BIK at the conclusion of the race.
Decision:
In exercising its discretion the Committee upheld the Protest second against first.
Placings then read:
1st-MIKJENE (No.5)
-2nd-MALO BIK (No.1)
-3rd-CLEAVER (No.4)
-4th-SMOKEN HOT (No.3)
Authorisation for payment of dividends and prize money was given on the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 642(1)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms T Keegan - Trainer of MIKJENE (2nd), Ms D Hirini - Rider of MIKJENE, Mr A Sharrock - Trainer of MALO BIK (1st), Mr W Pinn - Rider of MALO BIK, Mr J Oatham - Chief Stipendiary Steward
Respondent: Mr A Sharrock
StipendSteward:
raceid: 954fcd8a6d98648a4e151dcdff781b0e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 63fb4b9097910bc20436a1f04620844d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/01/2019
meet_title: Taranaki RC - 17 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: none
meet_pm1: none
meet_pm2: none
name: Taranaki RC