Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Whangarei RC 30 August 2014 – R 5 (instigating a protest)

ID: JCA11358

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr S McKee - Trainer of ZUCCATO

Information Number:
A4134

Hearing Type:
Protest

Rules:
642(1)

Code:
Thoroughbred

Meet Title:
Whangarei RC - 30 August 2014

Meet Chair:
GJones

Meet Committee Member 1:
TDavies

Race Date:
2014/08/30

Race Number:
R5

Decision:

The protest is upheld and the placings are amended. All dividends and stakes are to be paid accordingly.
1st - No 2 PASSING SHOT
2nd - No 7 CHERRY VAN
3rd - No 4 WAY IN
4th - No 5 ZUCCATO

Facts:

This is a contested protest instigated by Stipendiary Steward, Mr M Williamson following the running of race 5, the Good Luck Rising Romance for Your Aussie Campaign 1200. The basis of the protest is that number 5, ZUCCATO (A Schwerin) interfered with number 4, WAY IN (J WONG) in the final straight.

ZUCCATO was provisionally placed 3rd and WAY IN was provisionally placed 4th.

Judge's placings were:
1st - No 2 PASSING SHOT
2nd - No 7 CHERRY VAN
3rd - No 5 ZUCCATO
4th - No 4 WAY IN

The official margin between 3rd and 4th was ¾ lengths.

Submissions for Decision:

Mr A Coles demonstrated the alleged interference using available video footage. He said that at about the 300 metre mark in the home straight Miss Schwerin angled her mount, ZUCCATO outwards and in doing so hampered WAY IN who lost ground. ZUCCATO made contact with SOUTHERN ICON (R Hannam) who was also hampered and lost ground. Mr Coles submitted that WAY IN lost about 2 lengths as a direct result of the incident.

Mr Ritchie submitted that the video film was self explanatory. He said his horse; WAY IN lost considerable ground during the incident, then recovered and was making significant ground in the run to the finish.

Mr Wong submitted that at the time he was improving his position for a run and his progress was impeded by ZUCCATO. He said that he had to stop riding and lost balance.

Mr McKee said that he did not deny his horse caused interference but thought that WAY IN had its chance in the run to the finish.

Miss Schwerin submitted that ZUCCATO was travelling well and she tried to angle outwards for a run and had nothing further to add.
In summing up Mr Ritchie submitted that WAY IN was clearly making up ground on ZUCCATO and without question would have finished at least in 3rd place.

In summing up Mr McKee submitted that ¾ of a length is a significant margin and despite the interference ZUCCATO would have always finished in front of WAY IN.

In summing up Mr Williamson submitted that the back straight video footage was compelling viewing in that it demonstrated the momentum of all horses from the 400 metre mark. He said it clearly showed that WAY IN’s momentum was stopped and it lost about 2 lengths as a result of the interference and at the finish there was only ¾ of a length between the two horses. Mr Williamson said that Stewards were of the firm opinion WAY IN would have finished ahead of ZUCCATO. 

Reasons for Decision:

The Committee carefully considered all of the evidence including submissions from the various parties as well as the video footage of the incident. Our assessment of the incident is that it is clearly established ZUCCATO interfered with the chances of WAY IN. In our opinion WAY IN would have finished ahead of ZUCCATO had the interference not occurred. We believe that the inference cost WAY IN at least 2½ lengths and once balanced finished the race strongly. On that basis the ¾ length margin between 3rd and 4th is significant and we therefore amend placing in favour of WAY IN.

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: 180971d9568f4031fecbd55605074266


informantnumber: A4134


horsename: ZUCCATO


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/08/2014


hearing_title: Whangarei RC 30 August 2014 - R 5 (instigating a protest)


charge:


facts:

This is a contested protest instigated by Stipendiary Steward, Mr M Williamson following the running of race 5, the Good Luck Rising Romance for Your Aussie Campaign 1200. The basis of the protest is that number 5, ZUCCATO (A Schwerin) interfered with number 4, WAY IN (J WONG) in the final straight.

ZUCCATO was provisionally placed 3rd and WAY IN was provisionally placed 4th.

Judge's placings were:
1st - No 2 PASSING SHOT
2nd - No 7 CHERRY VAN
3rd - No 5 ZUCCATO
4th - No 4 WAY IN

The official margin between 3rd and 4th was ¾ lengths.


appealdecision:


isappeal:


submissionsfordecision:

Mr A Coles demonstrated the alleged interference using available video footage. He said that at about the 300 metre mark in the home straight Miss Schwerin angled her mount, ZUCCATO outwards and in doing so hampered WAY IN who lost ground. ZUCCATO made contact with SOUTHERN ICON (R Hannam) who was also hampered and lost ground. Mr Coles submitted that WAY IN lost about 2 lengths as a direct result of the incident.

Mr Ritchie submitted that the video film was self explanatory. He said his horse; WAY IN lost considerable ground during the incident, then recovered and was making significant ground in the run to the finish.

Mr Wong submitted that at the time he was improving his position for a run and his progress was impeded by ZUCCATO. He said that he had to stop riding and lost balance.

Mr McKee said that he did not deny his horse caused interference but thought that WAY IN had its chance in the run to the finish.

Miss Schwerin submitted that ZUCCATO was travelling well and she tried to angle outwards for a run and had nothing further to add.
In summing up Mr Ritchie submitted that WAY IN was clearly making up ground on ZUCCATO and without question would have finished at least in 3rd place.

In summing up Mr McKee submitted that ¾ of a length is a significant margin and despite the interference ZUCCATO would have always finished in front of WAY IN.

In summing up Mr Williamson submitted that the back straight video footage was compelling viewing in that it demonstrated the momentum of all horses from the 400 metre mark. He said it clearly showed that WAY IN’s momentum was stopped and it lost about 2 lengths as a result of the interference and at the finish there was only ¾ of a length between the two horses. Mr Williamson said that Stewards were of the firm opinion WAY IN would have finished ahead of ZUCCATO. 


reasonsfordecision:

The Committee carefully considered all of the evidence including submissions from the various parties as well as the video footage of the incident. Our assessment of the incident is that it is clearly established ZUCCATO interfered with the chances of WAY IN. In our opinion WAY IN would have finished ahead of ZUCCATO had the interference not occurred. We believe that the inference cost WAY IN at least 2½ lengths and once balanced finished the race strongly. On that basis the ¾ length margin between 3rd and 4th is significant and we therefore amend placing in favour of WAY IN.


Decision:

The protest is upheld and the placings are amended. All dividends and stakes are to be paid accordingly.
1st - No 2 PASSING SHOT
2nd - No 7 CHERRY VAN
3rd - No 4 WAY IN
4th - No 5 ZUCCATO


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 642(1)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Miss A Schwerin - Rider o f ZUCCATO, Mr S Ritchie - Trainer of WAY IN, Mr J Wong - Rider of WAY IN, Mr A Coles - Stipendiary Steward


Respondent: Mr S McKee - Trainer of ZUCCATO


StipendSteward:


raceid: be365d9fee1c99cee66ca7a4dfcfca2a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05c52b62e0f9b3985e2a80b62723a1fd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/08/2014


meet_title: Whangarei RC - 30 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: TDavies


meet_pm2: none


name: Whangarei RC