Archive Decision

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Wairoa RC 19 February 2012 – R 2 (instigating a protest)

ID: JCA15824

Applicant:
G Cullen - Licensed Trainer

Respondent(s):
K Myers - Licensed Trainer

Information Number:
A3466

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Wairoa RC - 19 February 2012

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2012/02/19

Race Number:
R 2

Decision:

Accordingly the protest was upheld and amended placings read:

1st LA BELLA SIGNORA
2nd JUST CALL ME BOND
3rd STUPENDOUS
4th NO EXCUSE MAGGIE

Dividends were directed to be paid accordingly.

Facts:

Following Race 2 a protest was lodged pursuant to Rule 642(1).

Mr G Cullen alleged that horse number 1 (STUPENDOUS) or its rider placed 2nd by the Judge interfered with the chances of horse number 4 (JUST CALL ME BOND) placed 3rd by the Judge. The interference occurred over the final stages.

Judges placings were:

1st LA BELLA SIGNORA
2ND STUPENDOUS
3rd JUST CALL ME BOND
4th NO EXCUSE MAGGIE
5th KOE

The official margin between 2nd and 3rd was a long head.

Submissions for Decision:

Mr Cullen initiated the protest and was invited to put forward his case using all three available videos. He began with the head-on view of the concluding stages of the race and showed where STUPENDOUS veered outwards, off its straight line of running, and bumped his horse JUST CALL ME BOND as it was mounting a run down the outside. Mr Cullen estimated STUPENDOUS moved outwards approximately two horse-widths and, using the coloured markers on the running rail, it was ascertained the interference occurred at the 100 metre mark. Mr Cullen said this caused a loss of momentum to JUST CALL ME BOND which, taking into account the long-head margin prevented him from running 2nd.

Ms Kelly Myers, the rider of JUST CALL ME BOND, concurred with Mr Cullen. She said her horse was “coming into the race nicely” and while she did not have to stop riding she was put off balance which cost her some momentum. JUST CALL ME BOND was coming back strongly at the line and Ms Myers said had she not been bumped by STUPENDOUS she would have beaten that horse and run 2nd.
Ms Scallan admitted STUPENDOUS lugged out but described the interference as a “slight bump.” She said as soon as she was aware she had taken the line of JUST CALL ME BOND she straightened STUPENDOUS up immediately.

Ms Lockett, who was representing trainer Mr Kevin Myers, said while there was slight contact between the two horses the rider of JUST CALL ME BOND did not have to stop riding. Ms Lockett did not accept that Ms Myers lost any momentum as a result of the interference nor did she accept JUST CALL ME BOND was making up ground on STUPENDOUS after the incident.

For the Stewards Mr Neal said the protest had some merit. Soon after entering the home straight Ms Kelly Myers moved to the outside seeking a clear finishing run. Approaching the 100 metres STUPENDOUS moved abruptly outwards and made contact with JUST CALL ME BOND which caused that horse to become unbalanced. Mr Neal said JUST CALL ME BOND was finishing well and making up good ground on STUPENDOUS just prior to the interference.

Reasons for Decision:

The committee carefully considered all of the evidence. This was not a case of sustained interference but one where the incident happened quickly and momentarily. If it had happened during an earlier part of the race it may well have been insignificant however the interference occurred at a critical stage with only 100 meters to run to the finish line. The head-on view was particularly useful in showing us the effect of the interference. At the point where STUPENDOUS moved outwards and bumped Ms Myer’s mount the film quite clearly showed how JUST CALL ME BOND became significantly unbalanced. The view from the back straight satisfied the committee that JUST CALL ME BOND was finishing resolutely and making ground on STUPENDOUS prior to the interference. The fact that Ms Myers did not have to stop riding was only due to the incident unfolding rapidly – she did not have time to stop riding. Taking into account JUST CALL ME BOND’S loss of momentum, the stage of the race where the incident occurred and the long head margin at the finish it was our opinion that had interference not occurred JUST CALL ME BOND would have finished ahead of STUPENDOUS.

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: d7e94da748195626c38e91bac6086b99


informantnumber: A3466


horsename: STUPENDOUS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/02/2012


hearing_title: Wairoa RC 19 February 2012 - R 2 (instigating a protest)


charge:


facts:

Following Race 2 a protest was lodged pursuant to Rule 642(1).

Mr G Cullen alleged that horse number 1 (STUPENDOUS) or its rider placed 2nd by the Judge interfered with the chances of horse number 4 (JUST CALL ME BOND) placed 3rd by the Judge. The interference occurred over the final stages.

Judges placings were:

1st LA BELLA SIGNORA
2ND STUPENDOUS
3rd JUST CALL ME BOND
4th NO EXCUSE MAGGIE
5th KOE

The official margin between 2nd and 3rd was a long head.


appealdecision:


isappeal:


submissionsfordecision:

Mr Cullen initiated the protest and was invited to put forward his case using all three available videos. He began with the head-on view of the concluding stages of the race and showed where STUPENDOUS veered outwards, off its straight line of running, and bumped his horse JUST CALL ME BOND as it was mounting a run down the outside. Mr Cullen estimated STUPENDOUS moved outwards approximately two horse-widths and, using the coloured markers on the running rail, it was ascertained the interference occurred at the 100 metre mark. Mr Cullen said this caused a loss of momentum to JUST CALL ME BOND which, taking into account the long-head margin prevented him from running 2nd.

Ms Kelly Myers, the rider of JUST CALL ME BOND, concurred with Mr Cullen. She said her horse was “coming into the race nicely” and while she did not have to stop riding she was put off balance which cost her some momentum. JUST CALL ME BOND was coming back strongly at the line and Ms Myers said had she not been bumped by STUPENDOUS she would have beaten that horse and run 2nd.
Ms Scallan admitted STUPENDOUS lugged out but described the interference as a “slight bump.” She said as soon as she was aware she had taken the line of JUST CALL ME BOND she straightened STUPENDOUS up immediately.

Ms Lockett, who was representing trainer Mr Kevin Myers, said while there was slight contact between the two horses the rider of JUST CALL ME BOND did not have to stop riding. Ms Lockett did not accept that Ms Myers lost any momentum as a result of the interference nor did she accept JUST CALL ME BOND was making up ground on STUPENDOUS after the incident.

For the Stewards Mr Neal said the protest had some merit. Soon after entering the home straight Ms Kelly Myers moved to the outside seeking a clear finishing run. Approaching the 100 metres STUPENDOUS moved abruptly outwards and made contact with JUST CALL ME BOND which caused that horse to become unbalanced. Mr Neal said JUST CALL ME BOND was finishing well and making up good ground on STUPENDOUS just prior to the interference.


reasonsfordecision:

The committee carefully considered all of the evidence. This was not a case of sustained interference but one where the incident happened quickly and momentarily. If it had happened during an earlier part of the race it may well have been insignificant however the interference occurred at a critical stage with only 100 meters to run to the finish line. The head-on view was particularly useful in showing us the effect of the interference. At the point where STUPENDOUS moved outwards and bumped Ms Myer’s mount the film quite clearly showed how JUST CALL ME BOND became significantly unbalanced. The view from the back straight satisfied the committee that JUST CALL ME BOND was finishing resolutely and making ground on STUPENDOUS prior to the interference. The fact that Ms Myers did not have to stop riding was only due to the incident unfolding rapidly – she did not have time to stop riding. Taking into account JUST CALL ME BOND’S loss of momentum, the stage of the race where the incident occurred and the long head margin at the finish it was our opinion that had interference not occurred JUST CALL ME BOND would have finished ahead of STUPENDOUS.


Decision:

Accordingly the protest was upheld and amended placings read:

1st LA BELLA SIGNORA
2nd JUST CALL ME BOND
3rd STUPENDOUS
4th NO EXCUSE MAGGIE

Dividends were directed to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: G Cullen - Licensed Trainer


JockeysandTrainer:


Otherperson:


PersonPresent: Mr R Neal - Stipendiary Steward, Mr N Goodwin - Stipendiary Steward, Mr G Cullen - Trainer JUST CALL ME BOND, Ms Kelly Myers - Rider JUST CALL ME BOND, Ms R Lockett - Representing STUPENDOUS, Ms K Scallan - Apprentice Rider STUPENDOUS, Mr and Mrs Philips - Owner STUPENDOUS


Respondent: K Myers - Licensed Trainer


StipendSteward:


raceid: dfccb22cab86989959b4dfdba016391d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9c6d34683d06bcb67da6d4042e6cca64


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/02/2012


meet_title: Wairoa RC - 19 February 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairoa-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Wairoa RC