Winton HRC 25 February 2014 – R8 (instigating a protest)
ID: JCA13380
Meet Title:
Winton HRC - 25 February 2014
Meet Chair:
GHall
Race Date:
2014/02/25
Race Number:
R8
Decision:
In the exercise of discretion THEO BOSS is relegated to behind CHERS BETTOR BABE.
Amended placings are:
1st - 2 CHERS BETTOR BABE
2nd - 1 THEO BOSS
3rd - 12 LURAH
4th - 10 LE SOL
Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of Race 8, the WINTON TOP PUB MOBILE PACE, an information was lodged by Mr Allison under 869(8)(a) and (b) alleging that with approximately 200 metres to race THEO BOSS struck the sulky wheel of CHERS BETTOR BABE causing the tyre to deflate.
Judge’s placings were:
1st - 1 THEO BOSS
2nd - 2 CHERS BETTOR BABE
3rd - 12 LURAH
4th - 10 LE SOL
The official margin between 1st and 2nd was 1 ¼ L.
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:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(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 head-on and side-on videos that within excess of 200 metres to race THEO BOSS came into contact with the inside sulky wheel of CHERS BETTOR BABE. He paused the videos, which demonstrated the contact was as Mr Walkinshaw angled THEO BOSS into the passing lane at the top of the straight. He stated the tyre had then deflated until it came off the rim and wrapped itself around the stay before the 100 metres mark.
Mr Williamson, the driver of CHERS BETTOR BABE, said as the horses straightened for the run home the trailing horse (THEO BOSS) had struck his inside sulky wheel some 4 or 5 times. He had heard it clearly. He said he had dragged a flat tyre for some 50 metres before it came off and wrapped itself around the stay with some 150 metres to race. He acknowledged he had led for most of the journey but his horse had not had to work that hard to get to the lead. He said his horse had done well considering the deflated tyre had acted like a handbrake. He believed his chances were clearly affected. He was not sure whether he would have won but he had not gone for his horse at the time of the incident and it was travelling well. He said the interference had cost him “a lot of ground”.
Mr Brown, the trainer of CHERS BETTOR BABE said in his view the rule was clear. The chances and progress of CHERS BETTOR BABE had been affected through the actions of THEO BOSS. The tyre had deflated and the tube had wrapped itself around the rim. He said CHERS BETTOR BABE was running like a winner at the time of the interference and it was a wonder that CHERS BETTOR BABE had not been pulled up to a stop.
Mr Kennedy said the interference had occurred as the horses exited the bend at the 250 metres mark. It was wrong to concentrate only on the last 100 to 150 metres. CHERS BETTOR BABE had carried her weight the moment the tyre had gone flat. Clearly her chances and progress had been affected.
Mr Walkinshaw, the driver of THEO BOSS acknowledged the interference had occurred but he was adamant that THEO BOSS would still have beaten CHERS BETTOR BABE had the tyre not deflated. He stated that Mr Williamson had been chasing CHERS BETTOR BABE up from the top of the straight and THEO BOSS still had a lot of running left in him and could have won by 3 lengths had he pushed the horse out. He added he had only flicked THEO BOSS with the whip and that the horse had come through on the passing lane easily and was always going to win.
Mr Swain, the trainer of THEO BOSS, said CHERS BETTOR BABE was always going to come second. He agreed a flat tyre was a handbrake but THEO BOSS had come through on the inside of CHERS BETTOR BABE easily. Mr Swain said had CHERS BETTOR BABE missed second he could accept the horse would be relegated but not when, in his opinion, it would have beaten CHERS BETTOR BABE.
Reasons for Decision:
With some 200 metres plus to race THEO BOSS, which was trailing CHERS BETTOR BABE, moved inwards to take a run in the passing lane. When making this move, the off front leg of THEO BOSS has come into contact with the sulky wheel of CHERS BETTOR BABE on a number of occasions. As a consequence, the tyre of the inside wheel of the cart of CHERS BETTOR BABE deflates until at some point between the 150 and 100 metres mark the tyre comes off its rim and wraps itself around the stay.
I find that the tyre of the inside sulky wheel of CHERS BETTOR BABE has deflated for a distance in excess of 150 metres and that it was wrapped around the sulky stay for a distance in excess of 100 metres. Clearly THEO BOSS has gained an advantage through a breach of the rules and in addition the progress and the chances of CHERS BETTOR BABE have been affected. I thus “may” relegate THEO BOSS to behind CHERS BETTOR BABE.
Relevant factors are that the interference has occurred at the top of the straight with over 200 metres to race; it is clear, severe and ongoing interference; CHERS BETTOR BABE was leading and was still travelling well at this time, indeed Mr Williamson says he had still to go for his horse; CHERS BETTOR BABE has continued to finish strongly despite her obvious impediment, and in these circumstances it is significant that the margin is a length and a quarter.
The connections of THEO BOSS are certain that their horse would have beaten CHERS BETTOR BABE whether or not there had been interference and ask me to dismiss the protest. However, the fact that THEO BOSS had had a softer run in transit through being in the trail than had CHERS BETTOR BABE, which had led for much of the race, and that the horse had made ground on CHERS BETTOR BABE when taking the run in the passing lane and allegedly could have won by a greater margin is not determinative of the protest. The harness protest rule does not require the Committee to determine whether or not CHERS BETTOR BABE would have been able to fight off the challenge from THEO BOSS had the horse not suffered this interference. (This may be contrasted with the thoroughbred rule where before relegating the Committee would need to be of the opinion that CHERS BETTOR BABE would have finished ahead of THEO BOSS.)
Mr Williamson was entitled under the Rules of Harness Racing to try CHERS BETTOR BABE fully to the finishing line. He was denied this opportunity for almost the whole length of the final straight not through any fault on his part or that of CHERS BETTOR BABE but due to the actions of the driver of THEO BOSS coming into contact with his sulky wheel and having his tyre deflate and ultimately stripped from its rim.
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: 6ab841ac53de07d4009805f46532fb17
informantnumber: A1717
horsename: THEO BOSS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/02/2014
hearing_title: Winton HRC 25 February 2014 - R8 (instigating a protest)
charge:
facts:
At the conclusion of Race 8, the WINTON TOP PUB MOBILE PACE, an information was lodged by Mr Allison under 869(8)(a) and (b) alleging that with approximately 200 metres to race THEO BOSS struck the sulky wheel of CHERS BETTOR BABE causing the tyre to deflate.
Judge’s placings were:
1st - 1 THEO BOSS
2nd - 2 CHERS BETTOR BABE
3rd - 12 LURAH
4th - 10 LE SOL
The official margin between 1st and 2nd was 1 ¼ L.
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:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(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 head-on and side-on videos that within excess of 200 metres to race THEO BOSS came into contact with the inside sulky wheel of CHERS BETTOR BABE. He paused the videos, which demonstrated the contact was as Mr Walkinshaw angled THEO BOSS into the passing lane at the top of the straight. He stated the tyre had then deflated until it came off the rim and wrapped itself around the stay before the 100 metres mark.
Mr Williamson, the driver of CHERS BETTOR BABE, said as the horses straightened for the run home the trailing horse (THEO BOSS) had struck his inside sulky wheel some 4 or 5 times. He had heard it clearly. He said he had dragged a flat tyre for some 50 metres before it came off and wrapped itself around the stay with some 150 metres to race. He acknowledged he had led for most of the journey but his horse had not had to work that hard to get to the lead. He said his horse had done well considering the deflated tyre had acted like a handbrake. He believed his chances were clearly affected. He was not sure whether he would have won but he had not gone for his horse at the time of the incident and it was travelling well. He said the interference had cost him “a lot of ground”.
Mr Brown, the trainer of CHERS BETTOR BABE said in his view the rule was clear. The chances and progress of CHERS BETTOR BABE had been affected through the actions of THEO BOSS. The tyre had deflated and the tube had wrapped itself around the rim. He said CHERS BETTOR BABE was running like a winner at the time of the interference and it was a wonder that CHERS BETTOR BABE had not been pulled up to a stop.
Mr Kennedy said the interference had occurred as the horses exited the bend at the 250 metres mark. It was wrong to concentrate only on the last 100 to 150 metres. CHERS BETTOR BABE had carried her weight the moment the tyre had gone flat. Clearly her chances and progress had been affected.
Mr Walkinshaw, the driver of THEO BOSS acknowledged the interference had occurred but he was adamant that THEO BOSS would still have beaten CHERS BETTOR BABE had the tyre not deflated. He stated that Mr Williamson had been chasing CHERS BETTOR BABE up from the top of the straight and THEO BOSS still had a lot of running left in him and could have won by 3 lengths had he pushed the horse out. He added he had only flicked THEO BOSS with the whip and that the horse had come through on the passing lane easily and was always going to win.
Mr Swain, the trainer of THEO BOSS, said CHERS BETTOR BABE was always going to come second. He agreed a flat tyre was a handbrake but THEO BOSS had come through on the inside of CHERS BETTOR BABE easily. Mr Swain said had CHERS BETTOR BABE missed second he could accept the horse would be relegated but not when, in his opinion, it would have beaten CHERS BETTOR BABE.
reasonsfordecision:
With some 200 metres plus to race THEO BOSS, which was trailing CHERS BETTOR BABE, moved inwards to take a run in the passing lane. When making this move, the off front leg of THEO BOSS has come into contact with the sulky wheel of CHERS BETTOR BABE on a number of occasions. As a consequence, the tyre of the inside wheel of the cart of CHERS BETTOR BABE deflates until at some point between the 150 and 100 metres mark the tyre comes off its rim and wraps itself around the stay.
I find that the tyre of the inside sulky wheel of CHERS BETTOR BABE has deflated for a distance in excess of 150 metres and that it was wrapped around the sulky stay for a distance in excess of 100 metres. Clearly THEO BOSS has gained an advantage through a breach of the rules and in addition the progress and the chances of CHERS BETTOR BABE have been affected. I thus “may” relegate THEO BOSS to behind CHERS BETTOR BABE.
Relevant factors are that the interference has occurred at the top of the straight with over 200 metres to race; it is clear, severe and ongoing interference; CHERS BETTOR BABE was leading and was still travelling well at this time, indeed Mr Williamson says he had still to go for his horse; CHERS BETTOR BABE has continued to finish strongly despite her obvious impediment, and in these circumstances it is significant that the margin is a length and a quarter.
The connections of THEO BOSS are certain that their horse would have beaten CHERS BETTOR BABE whether or not there had been interference and ask me to dismiss the protest. However, the fact that THEO BOSS had had a softer run in transit through being in the trail than had CHERS BETTOR BABE, which had led for much of the race, and that the horse had made ground on CHERS BETTOR BABE when taking the run in the passing lane and allegedly could have won by a greater margin is not determinative of the protest. The harness protest rule does not require the Committee to determine whether or not CHERS BETTOR BABE would have been able to fight off the challenge from THEO BOSS had the horse not suffered this interference. (This may be contrasted with the thoroughbred rule where before relegating the Committee would need to be of the opinion that CHERS BETTOR BABE would have finished ahead of THEO BOSS.)
Mr Williamson was entitled under the Rules of Harness Racing to try CHERS BETTOR BABE fully to the finishing line. He was denied this opportunity for almost the whole length of the final straight not through any fault on his part or that of CHERS BETTOR BABE but due to the actions of the driver of THEO BOSS coming into contact with his sulky wheel and having his tyre deflate and ultimately stripped from its rim.
Decision:
In the exercise of discretion THEO BOSS is relegated to behind CHERS BETTOR BABE.
Amended placings are:
1st - 2 CHERS BETTOR BABE
2nd - 1 THEO BOSS
3rd - 12 LURAH
4th - 10 LE SOL
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a) and (b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B Williamson - Junior Horseman driver of CHERS BETTOR BABE, Mr M Brown - Licensed Trainer of CHERS BETTOR BABE, Mr Kennedy - Part-owner of CHERS BETTOR BABE, Mr M Swain - Licensed Trainer of THEO BOSS
Respondent: Mr S Walkinshaw - Open Horseman driver of THEO BOSS
StipendSteward:
raceid: fde413a0e8e5684418a3cda4f8052c89
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 668c04f779a2fc9a1131e32f1d662798
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/02/2014
meet_title: Winton HRC - 25 February 2014
meet_expappcomment:
meet_km:
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tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Winton HRC