Archive Decision

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Wellington RC 21 Janaury 2012 – R 5 (instigating a protest)

ID: JCA16680

Applicant:
V Colgan - Licensed Rider

Respondent(s):
P McKay - Licensed Trainer

Information Number:
A3074

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Wellington RC - 21 January 2012

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2012/01/21

Race Number:
R 5

Decision:

The protest was therefore dismissed and dividends were directed to be paid accordingly.

Facts:

Following Race 5 a protest was lodged pursuant to Rule 642(1).

Mr V Colgan alleged that horse number 3 (UNDISCLOSED) or its rider placed 2nd by the Judge interfered with the chances of horse number 9 (VILLIFYE) placed 4th by the Judge. The interference occurred over the concluding stages.

Judges placings were:

1st FAIRWAY WISH
2ND UNDISCLOSED
3rd FLASH HAPI
4th VILLIFYE
5th FINAL TOUCH

The official margins were ½ neck, a neck and a nose.

Submissions for Decision:

Mr Colgan initially referred to the head-on film to show his position just in behind Ms Johnson’s mount UNDISCLOSED. At this stage of the race Ms Johnson was approximately 3 or 4 horse widths off the fence. She then started to move outwards several horse-widths taking Mr Colgan’s mount VILLIFYE out with her over extra ground. The last 100 metres of the race was when it cost him the most ground. Mr Colgan said the side-on film showed him riding strongly but having to adapt his riding style when UNDISCLOSED dictated his line of running. He said he had to stop riding for the last 40 – 50 metres. The rear-view film completed his evidence.

Mr Richardson agreed entirely with Mr Colgan’s evidence and had nothing further to add.

Ms Johnson said while her horse had definitely moved outwards Mr Colgan did not have to stop riding and they both continued riding with vigour to the line. She said her horse UNDISCLOSED actually kicked on strongly when VILLIFYE came up on her outside and it never looked like getting past her.

Mr McKay said as he watched the race he could see his horse UNDISCLOSED on a slow outward movement but there was no contact with VILLIFYE and Mr Colgan never had to stop riding. He said VILLIFYE was never going to get up and beat UNDISCLOSED as shown by his horse rallying and running home strongly when VILLIFYE came alongside. Mr McKay said if the horses had run in a straight line UNDISCLOSED would have beaten VILLIFYE by an even bigger margin.

When asked to give the Stewards’ opinion Mr Oatham played the head-on and side-on videos. He showed at the 100 metre mark how UNDISCLOSED moved outwards approximately four horse widths dictating the line of VILLIFYE. At the 50 metre mark Mr Colgan put his whip away for four strides while continuing to be dictated outwards. Mr Oatham said in the stewards’ view the protest had merit.

Reasons for Decision:

The committee carefully considered all of the evidence and revisited the three views of the incident.

The protest rule states: If a placed horse or its Rider causes interference within the meaning of this Rule 642 (1) to another placed horse, and the Judicial Committee is of the opinion that the horse 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.

There does not have to be contact between two horses for interference to have occurred. We noted the significant outward movement by UNDISCLOSED over the final stages of the race which forced VILLIFYE off its rightful line of running. There was no doubt that interference occurred but in deciding whether to relegate UNDISCLOSED, we had to be satisfied that VILLIFYE would have beaten that horse had both horses run in a straight line. To help determine this we looked at how both horses were racing prior to the interference, how they finished the race off and the margin between them at the finish line. The side-on view did not convince us that VILLIFYE was taking ground off UNDISCLOSED and with the combined margins of a neck and a nose we were left with some doubt that VILLIFYE would have beaten UNDISCLOSED had it encountered an unhampered run. The result may well have been different if VILLIFYE had lost momentum and had to rebalance and/or the margin had been closer.

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: d43c5bc5a4ecbd8e10ba18e064804e7e


informantnumber: A3074


horsename: UNDISCLOSED


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 19/01/2012


hearing_title: Wellington RC 21 Janaury 2012 - R 5 (instigating a protest)


charge:


facts:

Following Race 5 a protest was lodged pursuant to Rule 642(1).

Mr V Colgan alleged that horse number 3 (UNDISCLOSED) or its rider placed 2nd by the Judge interfered with the chances of horse number 9 (VILLIFYE) placed 4th by the Judge. The interference occurred over the concluding stages.

Judges placings were:

1st FAIRWAY WISH
2ND UNDISCLOSED
3rd FLASH HAPI
4th VILLIFYE
5th FINAL TOUCH

The official margins were ½ neck, a neck and a nose.


appealdecision:


isappeal:


submissionsfordecision:

Mr Colgan initially referred to the head-on film to show his position just in behind Ms Johnson’s mount UNDISCLOSED. At this stage of the race Ms Johnson was approximately 3 or 4 horse widths off the fence. She then started to move outwards several horse-widths taking Mr Colgan’s mount VILLIFYE out with her over extra ground. The last 100 metres of the race was when it cost him the most ground. Mr Colgan said the side-on film showed him riding strongly but having to adapt his riding style when UNDISCLOSED dictated his line of running. He said he had to stop riding for the last 40 – 50 metres. The rear-view film completed his evidence.

Mr Richardson agreed entirely with Mr Colgan’s evidence and had nothing further to add.

Ms Johnson said while her horse had definitely moved outwards Mr Colgan did not have to stop riding and they both continued riding with vigour to the line. She said her horse UNDISCLOSED actually kicked on strongly when VILLIFYE came up on her outside and it never looked like getting past her.

Mr McKay said as he watched the race he could see his horse UNDISCLOSED on a slow outward movement but there was no contact with VILLIFYE and Mr Colgan never had to stop riding. He said VILLIFYE was never going to get up and beat UNDISCLOSED as shown by his horse rallying and running home strongly when VILLIFYE came alongside. Mr McKay said if the horses had run in a straight line UNDISCLOSED would have beaten VILLIFYE by an even bigger margin.

When asked to give the Stewards’ opinion Mr Oatham played the head-on and side-on videos. He showed at the 100 metre mark how UNDISCLOSED moved outwards approximately four horse widths dictating the line of VILLIFYE. At the 50 metre mark Mr Colgan put his whip away for four strides while continuing to be dictated outwards. Mr Oatham said in the stewards’ view the protest had merit.


reasonsfordecision:

The committee carefully considered all of the evidence and revisited the three views of the incident.

The protest rule states: If a placed horse or its Rider causes interference within the meaning of this Rule 642 (1) to another placed horse, and the Judicial Committee is of the opinion that the horse 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.

There does not have to be contact between two horses for interference to have occurred. We noted the significant outward movement by UNDISCLOSED over the final stages of the race which forced VILLIFYE off its rightful line of running. There was no doubt that interference occurred but in deciding whether to relegate UNDISCLOSED, we had to be satisfied that VILLIFYE would have beaten that horse had both horses run in a straight line. To help determine this we looked at how both horses were racing prior to the interference, how they finished the race off and the margin between them at the finish line. The side-on view did not convince us that VILLIFYE was taking ground off UNDISCLOSED and with the combined margins of a neck and a nose we were left with some doubt that VILLIFYE would have beaten UNDISCLOSED had it encountered an unhampered run. The result may well have been different if VILLIFYE had lost momentum and had to rebalance and/or the margin had been closer.


Decision:

The protest was therefore dismissed and dividends were directed to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: V Colgan - Licensed Rider


JockeysandTrainer:


Otherperson:


PersonPresent: Mr G Richardson - Trainer of VILLIFYE, Mr D Johnson - Rider of DISCLOSED, Mr P McKay - Trainer of DISCLOSED, Mr J Oatham - Stipendiary Steward, Mr R Neal - Stipendiary Steward, Mr C George - Chief Stipendiary Steward, Mr N Goodwin - Stipendiary Steward


Respondent: P McKay - Licensed Trainer


StipendSteward:


raceid: 0c143ac147ca23eea2a54be5c10468fb


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: f5400a2dc773686e40c36f6c0cd20721


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/01/2012


meet_title: Wellington RC - 21 January 2012


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