Archive Decision

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Wellington RC 12 July 2014 – R 9 (instigating a protest)

ID: JCA14066

Applicant:
Mr J Parkes - Rider of GIPSY STAR

Respondent(s):
Ms K Zimmerman - Trainer of APLOMB

Information Number:
A3308

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Wellington RC - 12 July 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2014/07/12

Race Number:
R 9

Decision:

Accordingly the protest was dismissed and placings allowed to stand as called by the Judge.

Dividends were directed to be paid accordingly.

Facts:

Following Race 9, the Ascend Sales Trophies Handicap, a protest was lodged pursuant to Rule 642(1) by Mr J Parkes alleging that horse number 8 (APLOMB) or its rider placed 1st by the Judge interfered with the chances of horses number 7 (GIPSY STAR) placed 2nd by the Judge.

The information alleged interference over the final stages.

Judge's placings were:

1st APLOMB (8)
2ND GIPSY STAR (7)
3rd FETCHING (2)
4th VEGA (5)
5th YIN DRAGON (1)

The official margin between first and second was a long neck.

Submissions for Decision:

Mr Parkes told the committee that he was travelling into the race nicely and challenging for the lead under a vigorous ride. APLOMB came up on his outside and then moved inwards giving him a decent bump. Mr Parkes said while he didn’t have to stop riding the effect of the interference “stopped him in a hole”.

Ms Collis agreed that GIPSY STAR received a decent pump which forced her to change strides however she could not say whether that had affected her chances or if she had just blown out at the finish.

Mr Teeluck, the rider of APLOMB, said his horse came up and passed Mr Parkes. He acknowledged that he had laid in a little on GIPSY STAR but he said he had straightened up and for the remaining 50 – 75 metres of the race Mr Parkes had every chance to make up ground.

Ms Zimmerman said she thought the bump affected both horses and despite a vigorous ride from Mr Parkes on GIPSY STAR her horse APLOMB had picked itself up and gone on to win the race.

For the Stewards Mr Neal said while there was no dispute that APLOMB shifted inwards and moved GIPSY STAR off its line of running APLOMB was pulling away at the finish and they would not support the protest being upheld.

Reasons for Decision:

In coming to a decision the committee carefully considered all of the evidence presented. There was obviously contact between the two runners for which APLOMB was responsible when that runner drifted inwards. We note that despite the bump Mr Parkes (GIPSY STAR) was still able to continue a strong ride to the line. In order to uphold the protest we had to be satisfied that free of interference GIPSY STAR would have finished ahead of APLOMB. Looking at the manner in which both horses finished the race off with APLOMB drawing ahead of GIPSY STAR over the final stages and the long neck margin at the finish we did not think it probable that GIPSY STAR would have beaten APLOMB had the incident 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: 93c79717547c53c1f6448de055fe7e7f


informantnumber: A3308


horsename: APLOMB


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 03/07/2014


hearing_title: Wellington RC 12 July 2014 - R 9 (instigating a protest)


charge:


facts:

Following Race 9, the Ascend Sales Trophies Handicap, a protest was lodged pursuant to Rule 642(1) by Mr J Parkes alleging that horse number 8 (APLOMB) or its rider placed 1st by the Judge interfered with the chances of horses number 7 (GIPSY STAR) placed 2nd by the Judge.

The information alleged interference over the final stages.

Judge's placings were:

1st APLOMB (8)
2ND GIPSY STAR (7)
3rd FETCHING (2)
4th VEGA (5)
5th YIN DRAGON (1)

The official margin between first and second was a long neck.


appealdecision:


isappeal:


submissionsfordecision:

Mr Parkes told the committee that he was travelling into the race nicely and challenging for the lead under a vigorous ride. APLOMB came up on his outside and then moved inwards giving him a decent bump. Mr Parkes said while he didn’t have to stop riding the effect of the interference “stopped him in a hole”.

Ms Collis agreed that GIPSY STAR received a decent pump which forced her to change strides however she could not say whether that had affected her chances or if she had just blown out at the finish.

Mr Teeluck, the rider of APLOMB, said his horse came up and passed Mr Parkes. He acknowledged that he had laid in a little on GIPSY STAR but he said he had straightened up and for the remaining 50 – 75 metres of the race Mr Parkes had every chance to make up ground.

Ms Zimmerman said she thought the bump affected both horses and despite a vigorous ride from Mr Parkes on GIPSY STAR her horse APLOMB had picked itself up and gone on to win the race.

For the Stewards Mr Neal said while there was no dispute that APLOMB shifted inwards and moved GIPSY STAR off its line of running APLOMB was pulling away at the finish and they would not support the protest being upheld.


reasonsfordecision:

In coming to a decision the committee carefully considered all of the evidence presented. There was obviously contact between the two runners for which APLOMB was responsible when that runner drifted inwards. We note that despite the bump Mr Parkes (GIPSY STAR) was still able to continue a strong ride to the line. In order to uphold the protest we had to be satisfied that free of interference GIPSY STAR would have finished ahead of APLOMB. Looking at the manner in which both horses finished the race off with APLOMB drawing ahead of GIPSY STAR over the final stages and the long neck margin at the finish we did not think it probable that GIPSY STAR would have beaten APLOMB had the incident not occurred.


Decision:

Accordingly the protest was dismissed and placings allowed to stand as called by the Judge.

Dividends were directed to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr J Parkes - Rider of GIPSY STAR


JockeysandTrainer:


Otherperson:


PersonPresent: Ms T Collis - Trainer of GIPSY STAR, Mr N Teeluck - Rider of APLOMB, Mr R Neal - Co-Chief Stipendiary Steward, Mr N Goodwin - Stipendiary Steward


Respondent: Ms K Zimmerman - Trainer of APLOMB


StipendSteward:


raceid: bc46b782e1bcca8bef4e6b1438ddb4d2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 56dc75a2b3f44c083caf7b9d584f8615


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/07/2014


meet_title: Wellington RC - 12 July 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Wellington RC