Forbury Park TC – 1 July 2011 – R7 (instigating a protest 2)
ID: JCA13329
Meet Title:
Forbury Park TC - 1 July 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/07/01
Race Number:
R7
Decision:
The protest is dismissed and the dividends and stakes are to be paid in accordance with the Judge’s placings.
Facts:
A protest was lodged by Mr Allison, stipendiary steward, after the dimissal of the first protest in Race 7, alleging that with approximately 900 metres to run, COURAGE TALKS, driven by Mr Hanna, caused interference to VILLAGE ANVIL, driven by Mr May.
Judges placings were:
1st - 2 Village Anvil
2nd - 7 Anita
3rd - 5 Courage Talks
4th - 12 Queenofthehop
5th - 11 Holly Patron
Submissions for Decision:
The evidence given at the first protest was considered together with further statements from Mr McLellan and Mr Todd. We do not recount that earlier evidence but reference should be made to the decision with respect to information number 13738.
Mr Todd emphasised that there was always trouble on the particular bend and said that if Mr McLellan had crossed earlier then there would not have been a problem. He confirmed again that there was general tightening and that he had decided to press on and not hand up. He said he he was holding his ground and never felt he was running in, and he now questioned whether Mr McLellan had given him sufficient room.
Mr McLellan said he thought he had given Mr Todd sufficient room but now considered after listening to the evidence from the other drivers that the width of Mr Todd’s cart could have contributed to the incident, in that he did not take that into account when he was progressing outside Mr Todd. However, he re-emphasised it was still his view that he had given Mr Todd sufficient room.
Mr Allison again confirmed that no one had called out and that it was close racing.
Reasons for Decision:
In exercising our discretion and dismissing the protest we note we are faced with three possibilities. Mr Todd moved in and crowded Mr May. Mr May moved out slightly and came into contact with Mr Todd’s cart. Mr McLellan under-estimated the width of Mr Todd’s cart and failed to give him sufficient room. Neither the videos nor the evidence from the drivers assists us to determine which of these scenarios is the correct one. In these circumstances we cannot be satisfied that COURAGE TALKS caused interference to VILLAGE ANVIL.
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: 62c1fd5b0e3346b1c93cc1c1643c3a6f
informantnumber: 13739
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/06/2011
hearing_title: Forbury Park TC - 1 July 2011 - R7 (instigating a protest 2)
charge:
facts:
A protest was lodged by Mr Allison, stipendiary steward, after the dimissal of the first protest in Race 7, alleging that with approximately 900 metres to run, COURAGE TALKS, driven by Mr Hanna, caused interference to VILLAGE ANVIL, driven by Mr May.
Judges placings were:
1st - 2 Village Anvil
2nd - 7 Anita
3rd - 5 Courage Talks
4th - 12 Queenofthehop
5th - 11 Holly Patron
appealdecision:
isappeal:
submissionsfordecision:
The evidence given at the first protest was considered together with further statements from Mr McLellan and Mr Todd. We do not recount that earlier evidence but reference should be made to the decision with respect to information number 13738.
Mr Todd emphasised that there was always trouble on the particular bend and said that if Mr McLellan had crossed earlier then there would not have been a problem. He confirmed again that there was general tightening and that he had decided to press on and not hand up. He said he he was holding his ground and never felt he was running in, and he now questioned whether Mr McLellan had given him sufficient room.
Mr McLellan said he thought he had given Mr Todd sufficient room but now considered after listening to the evidence from the other drivers that the width of Mr Todd’s cart could have contributed to the incident, in that he did not take that into account when he was progressing outside Mr Todd. However, he re-emphasised it was still his view that he had given Mr Todd sufficient room.
Mr Allison again confirmed that no one had called out and that it was close racing.
reasonsfordecision:
In exercising our discretion and dismissing the protest we note we are faced with three possibilities. Mr Todd moved in and crowded Mr May. Mr May moved out slightly and came into contact with Mr Todd’s cart. Mr McLellan under-estimated the width of Mr Todd’s cart and failed to give him sufficient room. Neither the videos nor the evidence from the drivers assists us to determine which of these scenarios is the correct one. In these circumstances we cannot be satisfied that COURAGE TALKS caused interference to VILLAGE ANVIL.
Decision:
The protest is dismissed and the dividends and stakes are to be paid in accordance with the Judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr C Allison
JockeysandTrainer:
Otherperson:
PersonPresent: Mr C Hanna, Mr R May, Mr B McLellan
Respondent: Mr R Todd
StipendSteward:
raceid: 216219d93815f86d42e58a51adf7c867
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: ea43f1f4ce1fce2a211e5c125da48cb9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/07/2011
meet_title: Forbury Park TC - 1 July 2011
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