Forbury Park TC 15 August 2013 – R 1 (instigating a protest)
ID: JCA11891
Meet Title:
Forbury Park TC - 15 August 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/08/15
Race Number:
R 1
Decision:
In exercising our discretion and dismissing the protest we place emphasis on the clear evidence of Mr Orange that his chances and progress were not affected. In addition the video evidence does not suggest FLEETS CLASSY JET, which finished on only fairly in the straight, was unduly affected.
Placings are dividends are as called by the Judge.
Facts:
Mr Allison alleged that with approximately 1400 metres to run SHARD DIEGO (G Smith) struck the sulky wheel of FLEETS CLASSY JET (Mr Orange) causing the tyre to deflate.
Judge's placings were:
1ST 3 BAD PEACH
2ND 2 BETTABECOOL
3RD 7 CRACKLIN ROSIE
4TH 8 SHARD DIEGO
5TH 4 PAY ME OPERATIVE
Margins were 1 1/4 L, ½ L, ¾ L, nose.
Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Submissions for Decision:
Mr Allison demonstrated on the videos that when racing near the rear of the field with 1400 metres to run Mr Smith moved out to take a run to the outside of Mr Orange and in his view, in so doing, Mr Smith came into contact with the far-side wheel of Mr Orange’s cart.
Mr Allison demonstrated that both drivers looked down at the time, which suggested contact. He also demonstrated Mr Orange looking down at the wheel with a lap to run.
Mr Orange gave evidence that Mr Smith had slightly touched his wheel when making a move from the rear 3 wide. He said he thought his tyre had gone flat at the winning post with a lap to run. He said the tube had stayed in the rim and had never wrapped itself around the wheel or flapped about. He said because the tube had stayed there the wheel “did not act as a handbrake” and he was not confident he would have beaten Mr Smith.
Mr Smith said he thought he had given Mr Orange plenty of clearance and must have only slightly touched the cart of FLEETS CLASSY JET. He said the tube was still up when he looked at the time of the touching.
Reasons for Decision:
We find that Mr Smith when making an outwards move at the 1400 metres slightly touched the cart of FLEETS CLASSY JET. Both drivers can be seen to look down at this point. This incident lead to the tyre deflating at a later stage of the race, although the tube remained within the rim. It is unclear exactly when this occurred although Mr Orange is of the view it was possibly with a lap to race.
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: 2f31a6c7849fcb4f08a005ebcc4f2be4
informantnumber: A5932
horsename: SHARD DIEGO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/08/2013
hearing_title: Forbury Park TC 15 August 2013 - R 1 (instigating a protest)
charge:
facts:
Mr Allison alleged that with approximately 1400 metres to run SHARD DIEGO (G Smith) struck the sulky wheel of FLEETS CLASSY JET (Mr Orange) causing the tyre to deflate.
Judge's placings were:
1ST 3 BAD PEACH
2ND 2 BETTABECOOL
3RD 7 CRACKLIN ROSIE
4TH 8 SHARD DIEGO
5TH 4 PAY ME OPERATIVE
Margins were 1 1/4 L, ½ L, ¾ L, nose.
Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the videos that when racing near the rear of the field with 1400 metres to run Mr Smith moved out to take a run to the outside of Mr Orange and in his view, in so doing, Mr Smith came into contact with the far-side wheel of Mr Orange’s cart.
Mr Allison demonstrated that both drivers looked down at the time, which suggested contact. He also demonstrated Mr Orange looking down at the wheel with a lap to run.
Mr Orange gave evidence that Mr Smith had slightly touched his wheel when making a move from the rear 3 wide. He said he thought his tyre had gone flat at the winning post with a lap to run. He said the tube had stayed in the rim and had never wrapped itself around the wheel or flapped about. He said because the tube had stayed there the wheel “did not act as a handbrake” and he was not confident he would have beaten Mr Smith.
Mr Smith said he thought he had given Mr Orange plenty of clearance and must have only slightly touched the cart of FLEETS CLASSY JET. He said the tube was still up when he looked at the time of the touching.
reasonsfordecision:
We find that Mr Smith when making an outwards move at the 1400 metres slightly touched the cart of FLEETS CLASSY JET. Both drivers can be seen to look down at this point. This incident lead to the tyre deflating at a later stage of the race, although the tube remained within the rim. It is unclear exactly when this occurred although Mr Orange is of the view it was possibly with a lap to race.
Decision:
In exercising our discretion and dismissing the protest we place emphasis on the clear evidence of Mr Orange that his chances and progress were not affected. In addition the video evidence does not suggest FLEETS CLASSY JET, which finished on only fairly in the straight, was unduly affected.
Placings are dividends are as called by the Judge.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B Orange - Open Horseman
Respondent: Mr G Smith - Open Horseman
StipendSteward:
raceid: e2a54789ef0fffb493bd4cc97f06e036
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 714c5516d69f79963ba942c4d9de45e5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/08/2013
meet_title: Forbury Park TC - 15 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC