Forbury Park TC 14 August 2014 – R 7
ID: JCA11894
Meet Title:
Forbury Park TC - 14 August 2014
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2014/08/14
Race Number:
R7
Decision:
The charge is dismissed.
Facts:
Mr Allison, Stipendiary Steward, alleged that with approximately 1300 metres to run Mr R Holmes (OPTING OPTIONS) shifted ground outwards forcing LIVURA (Mr B Orange) to race wider on the track.
Submissions for Decision:
Mr Allison had Mr McIntyre, Co-chief, Stipendiary Steward demonstrate on 2 video angles that at about the 1300 metres mark Mr Orange was racing on the outside of Mr Holmes. Mr McIntyre stated that the respondent shifted wider on the track into Mr Orange’s running line when in his opinion Mr Orange was progressing forward in the 2 wide line. Mr Orange was forced 3 wide and his horse broke and drifted back, before settling.
Mr Allison called Mr Orange to give evidence. Mr Orange said he was in the one out one back running line when the respondent elected to come off the pylons and take a position one out. He said it was well before the 1000 metres and he was forced to race 3 wide as a consequence. He said he had originally been on the back of the horse in front (Ms Ottley) and although he had lost ground he was definitely progressing forward at the time Mr Holmes shifted out. He said Mr Holmes may have had a neck or so advantage over him at the time Mr Holmes shifted out but he was attempting to make up the leeway on the horse on front. He said his horse had not contributed to the incident. He said he had called to Mr Holmes a number of times not to shift out.
Mr Orange was questioned by Mr Holmes. Mr Orange said he had lost a little ground on Ms Ottley but he was confident he was progressing forward before Mr Holmes moved out.
Mr Holmes said Mr Orange had lost ground on the horse he was trailing and that he had sat outside Mr Holmes’ horse for some distance. He demonstrated on the videos that the head of Mr Orange’s horse had sat outside his number for 60 metres. He said Mr Orange was thus not progressing forward in relation to his horse. In fact, Mr Orange was struggling to keep up. He said in these circumstances he believed he was entitled to move outwards and was not in breach of the Rules.
Mr Allison in reply said the distance between Mr Orange’s horse and the parked horse was irrelevant. The important point was whether Mr Orange was progressing forward on Mr Holmes. He said Mr Orange had clearly lost the back of the parked horse but he believed Mr Orange had gradually progressed to within a neck of Mr Holmes’ horse before Mr Holmes moved. He disagreed with Mr Holmes that Mr Orange had merely sat outside his number, as he believed Mr Orange had come from further back and was progressing forward, albeit slowly.
Reasons for Decision:
We viewed the videos on numerous occasions and froze the frames to establish precisely the time at which Mr Holmes shifted out. Mr Holmes is correct when he said that the head of Mr Orange’s horse had sat outside the number of his horse for some 50 metres. Mr Orange’s horse had in fact paced roughly for a couple of strides and was struggling to keep up with the horse in front (GLAMAR GIRLS, Ms Ottley) when that horse progressed forward.
Mr Holmes, as he acknowledged, almost left his move too late, but we are satisfied that when he moved, Mr Orange was not progressing forward relative to the position of Mr Holmes’ horse. Mr Orange does eventually show some urgency and progresses forward to within a neck of Mr Holmes but we are satisfied that this is after Mr Holmes had commenced to shift out. Mr Orange endeavoured to prevent Mr Holmes shifting out and in so doing Mr Orange’s horse broke and ended up sitting 3 wide.
It was a finely judged move by Mr Holmes. His movement outwards was not sudden and we do not believe there were any concerns as to safety with respect to the manoeuvre. Mr Orange has struggled to trail the horse in front and Mr Holmes has taken advantage of this fact.
Significantly, we find the head of Mr Orange’s horse had not progressed forward of the number of Mr Holmes’ horse when Mr Holmes commenced to shift wider on the track and that Mr Orange’s horse had been in that position relative to Mr Holmes for some 50 metres.
JCA Decision Fields (raw)
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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: 29e41ef4f06ab5d5adaf793a9ce42951
informantnumber: 1745
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: breach of push out rule
plea: denied
penaltyrequired: 0
decisiondate: 18/08/2014
hearing_title: Forbury Park TC 14 August 2014 - R 7
charge:
facts:
Mr Allison, Stipendiary Steward, alleged that with approximately 1300 metres to run Mr R Holmes (OPTING OPTIONS) shifted ground outwards forcing LIVURA (Mr B Orange) to race wider on the track.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison had Mr McIntyre, Co-chief, Stipendiary Steward demonstrate on 2 video angles that at about the 1300 metres mark Mr Orange was racing on the outside of Mr Holmes. Mr McIntyre stated that the respondent shifted wider on the track into Mr Orange’s running line when in his opinion Mr Orange was progressing forward in the 2 wide line. Mr Orange was forced 3 wide and his horse broke and drifted back, before settling.
Mr Allison called Mr Orange to give evidence. Mr Orange said he was in the one out one back running line when the respondent elected to come off the pylons and take a position one out. He said it was well before the 1000 metres and he was forced to race 3 wide as a consequence. He said he had originally been on the back of the horse in front (Ms Ottley) and although he had lost ground he was definitely progressing forward at the time Mr Holmes shifted out. He said Mr Holmes may have had a neck or so advantage over him at the time Mr Holmes shifted out but he was attempting to make up the leeway on the horse on front. He said his horse had not contributed to the incident. He said he had called to Mr Holmes a number of times not to shift out.
Mr Orange was questioned by Mr Holmes. Mr Orange said he had lost a little ground on Ms Ottley but he was confident he was progressing forward before Mr Holmes moved out.
Mr Holmes said Mr Orange had lost ground on the horse he was trailing and that he had sat outside Mr Holmes’ horse for some distance. He demonstrated on the videos that the head of Mr Orange’s horse had sat outside his number for 60 metres. He said Mr Orange was thus not progressing forward in relation to his horse. In fact, Mr Orange was struggling to keep up. He said in these circumstances he believed he was entitled to move outwards and was not in breach of the Rules.
Mr Allison in reply said the distance between Mr Orange’s horse and the parked horse was irrelevant. The important point was whether Mr Orange was progressing forward on Mr Holmes. He said Mr Orange had clearly lost the back of the parked horse but he believed Mr Orange had gradually progressed to within a neck of Mr Holmes’ horse before Mr Holmes moved. He disagreed with Mr Holmes that Mr Orange had merely sat outside his number, as he believed Mr Orange had come from further back and was progressing forward, albeit slowly.
reasonsfordecision:
We viewed the videos on numerous occasions and froze the frames to establish precisely the time at which Mr Holmes shifted out. Mr Holmes is correct when he said that the head of Mr Orange’s horse had sat outside the number of his horse for some 50 metres. Mr Orange’s horse had in fact paced roughly for a couple of strides and was struggling to keep up with the horse in front (GLAMAR GIRLS, Ms Ottley) when that horse progressed forward.
Mr Holmes, as he acknowledged, almost left his move too late, but we are satisfied that when he moved, Mr Orange was not progressing forward relative to the position of Mr Holmes’ horse. Mr Orange does eventually show some urgency and progresses forward to within a neck of Mr Holmes but we are satisfied that this is after Mr Holmes had commenced to shift out. Mr Orange endeavoured to prevent Mr Holmes shifting out and in so doing Mr Orange’s horse broke and ended up sitting 3 wide.
It was a finely judged move by Mr Holmes. His movement outwards was not sudden and we do not believe there were any concerns as to safety with respect to the manoeuvre. Mr Orange has struggled to trail the horse in front and Mr Holmes has taken advantage of this fact.
Significantly, we find the head of Mr Orange’s horse had not progressed forward of the number of Mr Holmes’ horse when Mr Holmes commenced to shift wider on the track and that Mr Orange’s horse had been in that position relative to Mr Holmes for some 50 metres.
Decision:
The charge is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: Rule 869 states:, (4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress., (6) Subject to sub-rule (4) hereof: …, (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 C Allison Stipendiary Steward
JockeysandTrainer: Mr R Holmes, Open Horseman
Otherperson: Mr B Orange, Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: a6bac71ede4f58f6479c62f97496b786
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d5e31581a5f24b6896c9089cb0b2c78
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/08/2014
meet_title: Forbury Park TC - 14 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Forbury Park TC