Wyndham RC – 19 October 2007 – Race 3
ID: JCA18331
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Wyndham RC - 19 October 2007
Race Date:
2007/10/19
Race Number:
Race 3
Decision: --
The stipendiary steward, Mr Ching, alleged that ULTIMATE HIGH placed first by the Judge interfered with the chances of TUTUASFORE placed 2nd by the Judge over the concluding stages.
--
The stipendiary steward, Mr Ching, alleged that ULTIMATE HIGH placed first by the Judge interfered with the chances of TUTUASFORE placed 2nd by the Judge over the concluding stages. Under rule 876(1) of the Rules of Racing Mr Ching sought the relegation of ULTIMATE HIGH to second and the promotion of TUTUASFORE to 1st. The margin between 1st and 2nd was a neck.
----The connections of ULTIMATE HIGH were represented by Mr D Skerrett and, in the absence of the trainer and owners, by Mr K Thompson. The connections of TUTUASFORE were represented by Ms R Fraser and Mr P Harris, the trainer of that horse.
----Mr Ching had assistant stipendiary steward, Mr Davidson, demonstrate on the video that ULTIMATE HIGH had shifted out progressively down the home straight and more sharply some 5 strides from the winning post, taking the line of TUTUASFORE and forcing that horse wider on the track.
----Ms Fraser, rider of TUTUASFORE, stated that ULTIMATE HIGH had taken her line and, that given 2 more clear strides, she would have won easily. Mr Harris emphasised that TUTUASFORE was entitled to continue on its line to the winning post and was making sufficient ground prior to the interference to have won the race. Ms Fraser, he stated, had been denied a chance to use the whip over the closing stages. He claimed TUTUASFORE had lost 1 ½ lengths and was beaten a neck.
----Mr Skerrett, the rider of ULTIMATE HIGH, stated that his mount had been difficult to ride throughout the race and especially after straightening for the run home. He said that ULTIMATE HIGH lifted its head when challenged by TUTUASFORE. He said his intention was to try and keep ULTIMATE HIGH straight and still win for the connections. He added he believed that Ms Fraser could have taken a run on the inside of ULTIMATE HIGH when she saw the line his horse was taking. The Committee questioned the wisdom of this observation. Mr Ching also disagreed, pointing out that Ms Fraser was entitled to keep her line. Mr Thompson disputed whether the point of interference was 5 strides from the line and suggested it was more like 2 ½. At the request of the Chairman, the video was replayed and it was accepted that TUTUASFORE was inconvenienced from a point approximately 5 ½ strides from the winning post.
----Having regard to the video and oral evidence, we find that the interference to TUTUASFORE, as alleged, did occur, and that the source of that interference was sideways movement from ULTIMATE HIGH. As a consequence TUTUASFORE had its chances of finishing in a better position interfered with. This interference occurred some 5 strides from the finish. In exercising our discretion and relegating ULTIMATE HIGH we find TUTUASFORE was clearly finishing the stronger of the 2 horses and Ms Fraser was forced to take hold of her horse and change ground before again urging TUTUASFORE to the finish. We have particular regard to the severity of the interference and the fact that the margin was a neck. We are satisfied that the interference cost TUTUASFORE at least that margin, considering the loss of momentum and the changing of ground as the horse was pushed wider on the track at a critical stage of the race.
----We uphold the protest. Amended placings are 3, 4, 2, 1.
----Geoff Hall, Chairman
--Neil Johnstone, Member
------
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: 01f722d6a3c0bc1acee3802533b9f30f
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 19/10/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wyndham RC - 19 October 2007 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--The stipendiary steward, Mr Ching, alleged that ULTIMATE HIGH placed first by the Judge interfered with the chances of TUTUASFORE placed 2nd by the Judge over the concluding stages.
--
The stipendiary steward, Mr Ching, alleged that ULTIMATE HIGH placed first by the Judge interfered with the chances of TUTUASFORE placed 2nd by the Judge over the concluding stages. Under rule 876(1) of the Rules of Racing Mr Ching sought the relegation of ULTIMATE HIGH to second and the promotion of TUTUASFORE to 1st. The margin between 1st and 2nd was a neck.
----The connections of ULTIMATE HIGH were represented by Mr D Skerrett and, in the absence of the trainer and owners, by Mr K Thompson. The connections of TUTUASFORE were represented by Ms R Fraser and Mr P Harris, the trainer of that horse.
----Mr Ching had assistant stipendiary steward, Mr Davidson, demonstrate on the video that ULTIMATE HIGH had shifted out progressively down the home straight and more sharply some 5 strides from the winning post, taking the line of TUTUASFORE and forcing that horse wider on the track.
----Ms Fraser, rider of TUTUASFORE, stated that ULTIMATE HIGH had taken her line and, that given 2 more clear strides, she would have won easily. Mr Harris emphasised that TUTUASFORE was entitled to continue on its line to the winning post and was making sufficient ground prior to the interference to have won the race. Ms Fraser, he stated, had been denied a chance to use the whip over the closing stages. He claimed TUTUASFORE had lost 1 ½ lengths and was beaten a neck.
----Mr Skerrett, the rider of ULTIMATE HIGH, stated that his mount had been difficult to ride throughout the race and especially after straightening for the run home. He said that ULTIMATE HIGH lifted its head when challenged by TUTUASFORE. He said his intention was to try and keep ULTIMATE HIGH straight and still win for the connections. He added he believed that Ms Fraser could have taken a run on the inside of ULTIMATE HIGH when she saw the line his horse was taking. The Committee questioned the wisdom of this observation. Mr Ching also disagreed, pointing out that Ms Fraser was entitled to keep her line. Mr Thompson disputed whether the point of interference was 5 strides from the line and suggested it was more like 2 ½. At the request of the Chairman, the video was replayed and it was accepted that TUTUASFORE was inconvenienced from a point approximately 5 ½ strides from the winning post.
----Having regard to the video and oral evidence, we find that the interference to TUTUASFORE, as alleged, did occur, and that the source of that interference was sideways movement from ULTIMATE HIGH. As a consequence TUTUASFORE had its chances of finishing in a better position interfered with. This interference occurred some 5 strides from the finish. In exercising our discretion and relegating ULTIMATE HIGH we find TUTUASFORE was clearly finishing the stronger of the 2 horses and Ms Fraser was forced to take hold of her horse and change ground before again urging TUTUASFORE to the finish. We have particular regard to the severity of the interference and the fact that the margin was a neck. We are satisfied that the interference cost TUTUASFORE at least that margin, considering the loss of momentum and the changing of ground as the horse was pushed wider on the track at a critical stage of the race.
----We uphold the protest. Amended placings are 3, 4, 2, 1.
----Geoff Hall, Chairman
--Neil Johnstone, Member
------
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 876.1
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f0b9b70cc3f93808ffebf4e8241e4387
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 42d3b4d97934b12700572181aa185362
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/10/2007
meet_title: Wyndham RC - 19 October 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Wyndham RC