Archive Decision

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Winton HRC 25 February 2014 – R 10

ID: JCA10784

Applicant:
Mr Allison, Stipendiary Steward

Respondent(s):
Mr D Dunn, Open Horseman

Other Person:
Mr N Williamson, driver of I SMART, Mr C Barron, driver of FARMER DONS

Information Number:
1719

Hearing Type:
Hearing

New Charge:
push out rule

Rules:
Rule 869(6), (b) a horse making a forward movement during any race shall not be forced to race wider on the track;, (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Plea:
denied

Meet Title:
Winton HRC - 25 February 2014

Meet Chair:
GHall

Race Date:
2014/02/25

Race Number:
R10

Decision:

The charge is dismissed.

Facts:

Mr Allison alleged that after approximately 200 metres of race 10, the John Keenan Memorial Fillies and Mares Mobile Pace, Mr Dunn (MURPHY BROWN) shifted outwards forcing I SMART (Mr N Williamson) wider on the track.

Submissions for Decision:

Mr Allison demonstrated on the videos that in his view the respondent shortly after the start had forced Mr Williamson wider on the track. Mr Dunn was on the pylons trailing the leader 3 back when he moved wider on the track and on to the back of Mr Cox, who had moved to a one / one sit. He alleged that Mr Williamson was positioned on the back of Mr Cox at this time and thus had been forced 3 wide by Mr Dunn in breach of the push out rule.

Mr Williamson gave evidence that he was 3 wide and was endeavouring to ease on to the back of Mr Cox. He said Mr Dunn had come off the fence at the same time and they were both vying for the same position behind Mr Cox. He questioned whether he was ever established 2 wide. He thought maybe it was two and a half wide. He was uncertain whether he was established behind Mr Cox when Mr Dunn moved out. He thought it was touch and go and that they had both moved simultaneously. When questioned by the Committee, he said there was contact between their carts and he had not yelled out to Mr Dunn. Mr Williamson stated that he believed Mr Cox was racing 3 wide into the bend. He then said perhaps it was 2 1/2 or 2 3/4 wide. He agreed there was only one horse on the inside of Mr Cox and he confirmed he wanted to stay on Mr Cox’s back.

Mr Dunn called Mr Barron who stated that in his opinion there was definitely room for Mr Dunn to come off the fence when he did. He said Mr Dunn had the edge on Mr Williamson and he thought most of the field was half carting on the bend. When questioned by Mr Allison as to whether Mr Williamson was established behind Mr Cox, he replied that he believed Mr Cox was never in the one out line. He did not believe the respondent had pushed out as he had just gone into a space that was available to him.

Mr Dunn said the Mr Cox was always 3 wide and when Mr Williamson was established behind Mr Cox he was still 3 wide. There was a definite gap 2 wide and he had not had to push Mr Williamson out to get there. He agreed with Mr Williamson that they had simultaneously gone for the same gap.

Reasons for Decision:

I am satisfied that Mr Williamson and Mr Dunn were both vying for the same position behind Mr Cox. The video angles are not clear and Mr Cox is perhaps best described as being out 2 ½ carts. As Mr Barron said, there were a number of drivers half carting. Mr Williamson is unclear as to whether he was established behind Mr Cox when Mr Dunn came out and he too questions whether he was ever racing 2 wide. He believes both Mr Dunn and he moved to take the position behind Mr Cox at the same time and he was not pushed out by Mr Dunn. There was a clear gap into which Mr Dunn proceeded before Mr Williamson is shifted wider on the track. In these circumstances, although Mr Williamson was shifted wider on the track by Mr Dunn, I am not satisfied that this was in breach of the push out rule.

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: 01cafdaf3bf3b95702b5dd6b4fb57aa3


informantnumber: 1719


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: push out rule


plea: denied


penaltyrequired: 0


decisiondate: 23/02/2014


hearing_title: Winton HRC 25 February 2014 - R 10


charge:


facts:

Mr Allison alleged that after approximately 200 metres of race 10, the John Keenan Memorial Fillies and Mares Mobile Pace, Mr Dunn (MURPHY BROWN) shifted outwards forcing I SMART (Mr N Williamson) wider on the track.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated on the videos that in his view the respondent shortly after the start had forced Mr Williamson wider on the track. Mr Dunn was on the pylons trailing the leader 3 back when he moved wider on the track and on to the back of Mr Cox, who had moved to a one / one sit. He alleged that Mr Williamson was positioned on the back of Mr Cox at this time and thus had been forced 3 wide by Mr Dunn in breach of the push out rule.

Mr Williamson gave evidence that he was 3 wide and was endeavouring to ease on to the back of Mr Cox. He said Mr Dunn had come off the fence at the same time and they were both vying for the same position behind Mr Cox. He questioned whether he was ever established 2 wide. He thought maybe it was two and a half wide. He was uncertain whether he was established behind Mr Cox when Mr Dunn moved out. He thought it was touch and go and that they had both moved simultaneously. When questioned by the Committee, he said there was contact between their carts and he had not yelled out to Mr Dunn. Mr Williamson stated that he believed Mr Cox was racing 3 wide into the bend. He then said perhaps it was 2 1/2 or 2 3/4 wide. He agreed there was only one horse on the inside of Mr Cox and he confirmed he wanted to stay on Mr Cox’s back.

Mr Dunn called Mr Barron who stated that in his opinion there was definitely room for Mr Dunn to come off the fence when he did. He said Mr Dunn had the edge on Mr Williamson and he thought most of the field was half carting on the bend. When questioned by Mr Allison as to whether Mr Williamson was established behind Mr Cox, he replied that he believed Mr Cox was never in the one out line. He did not believe the respondent had pushed out as he had just gone into a space that was available to him.

Mr Dunn said the Mr Cox was always 3 wide and when Mr Williamson was established behind Mr Cox he was still 3 wide. There was a definite gap 2 wide and he had not had to push Mr Williamson out to get there. He agreed with Mr Williamson that they had simultaneously gone for the same gap.


reasonsfordecision:

I am satisfied that Mr Williamson and Mr Dunn were both vying for the same position behind Mr Cox. The video angles are not clear and Mr Cox is perhaps best described as being out 2 ½ carts. As Mr Barron said, there were a number of drivers half carting. Mr Williamson is unclear as to whether he was established behind Mr Cox when Mr Dunn came out and he too questions whether he was ever racing 2 wide. He believes both Mr Dunn and he moved to take the position behind Mr Cox at the same time and he was not pushed out by Mr Dunn. There was a clear gap into which Mr Dunn proceeded before Mr Williamson is shifted wider on the track. In these circumstances, although Mr Williamson was shifted wider on the track by Mr Dunn, I am not satisfied that this was in breach of the push out rule.


Decision:

The charge is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: Rule 869(6), (b) a horse making a forward movement during any race shall not be forced to race wider on the track;, (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.


Informant: Mr Allison, Stipendiary Steward


JockeysandTrainer: Mr D Dunn, Open Horseman


Otherperson: Mr N Williamson, driver of I SMART, Mr C Barron, driver of FARMER DONS


PersonPresent:


Respondent:


StipendSteward:


raceid: 92d3cbd8725fa08388386a779b09afc4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


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race_km:


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meetid: 668c04f779a2fc9a1131e32f1d662798


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meetdate: 25/02/2014


meet_title: Winton HRC - 25 February 2014


meet_expappcomment:


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tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Winton HRC