Forbury Park TC 26 January 2012 – R 5 (instigating a protest)
ID: JCA13668
Meet Title:
Forbury Park TC - 26 January 2012
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2012/01/26
Race Number:
R5
Decision:
We find that BETWEEN THE LINES did not start from its correct barrier position. In exercising our discretion under r 862(3) and determining not to disqualify BETWEEN THE LINES, we find that we are not satisfied that the horse has gained an advantage through starting further down on the track than behind barrier 5. The weather and track conditions were such that there was not close racing and, in addition, the field was disrupted not long after the start by a horse breaking. It was this fact that enabled BETWEEN THE LINES to obtain a one out one back run for just over half a lap. From that point the horse was left in the open, and did well to hold on for 3rd. As we are not satisfied that BETWEEN THE LINES obtained a run to which it was not otherwise entitled through the breach of r 862(2), we dismiss the protest.
Stakes and dividends are to be paid as called by the judge.
Facts:
Mr Allison, stipendiary steward, protested against the 3rd placing of BETWEEN THE LINES in that he alleged the horse started from the incorrect barrier position of 2 on the second line instead of the unruly 1 position.
The Judge’s placings were:
1ST 1 HIGHLY DELIGHTED
2ND 7 THE SECRET
3RD 12 BETWEEN THE LINES
4TH 5 ULTIMATE SHELDON
Submissions for Decision:
Rule 862 provides:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
(3) For the avoidance of doubt … disqualification under sub-rule (2) shall be discretionary.
Mr Allison demonstrated on the videos that initially BETWEEN THE LINES was maintaining its correct unruly position in the score up, that being on the second line, and not being closer in than barrier 5. However, he pointed out that when the mobile rounded the bend the horse had drifted down on the track and started behind the horses, which had drawn barriers 2 and 3.
As to whether BETWEEN THE LINES had gained an advantage, Mr Allison said he believed that the horse had got a run for about half a lap one out one back as a consequence of other horses breaking and the horse being able to slot in. He questioned whether that run, which he accepted was quite fortuitous, would otherwise have been available to BETWEEN THE LINES. He further demonstrated, however, that BETWEEN THE LINES eventually ended up racing outside the leader for over a lap, a position which having regard to the atrocious weather conditions, could not be seen to be at all favourable. BETWEEN THE LINES eventually ran a fading third.
Mr Allison called the starter, Mr W Ferguson, to give evidence. He stated that some 2 ½ minutes prior to the start he had given the drivers instructions as to the correct barrier positions. This included, he said, telling Mr Court that he should not be closer in than behind the horse in barrier 5.
Mr Court maintained that he never heard the starter due to the adverse weather conditions. He stated that BETWEEN THE LINES was a difficult horse to drive, this being one reason for it being on the unruly list. He said BETWEEN THE LINES had shifted down on the track as he came round the bend behind the mobile. Weather conditions were very bad and he was unaware at the time that he had shifted down as far as he had. Mr Court maintained that he would have finished up 3 back on the fence due to the manner in which the horse was racing, no matter whether he had started from behind the 5 horse or from behind the 2 and 3 horses, as he did. He emphasised it was only due to luck in the running, in that a horse broke in midfield rounding the bend out of the straight disrupting a number of runners, which thereby enabled BETWEEN THE LINES to secure a run in the one out one back position for some 600 metres. He said for the rest of the race the horse was running with its head out and was not in a favourable position in the field. He was adamant that he had not gained any advantage.
Reasons for Decision:
We observe that when rounding the bend behind the mobile and approaching the starting point BETWEEN THE LINES drifts in to a point roughly behind the 2nd and 3rd horses on the front line. This committee accepts that the horse was running with its head out up to and after the starting point. Mr Court maintains that he would have finished up 3 back on the fence due to the manner in which the horse was racing and that it was only luck in that a horse racing midfield broke rounding the bend out of the straight disrupting a number of runners thereby enabling BETWEEN THE LINES to secure a run in the one out one back position for some 600 metres. We agree with his assessment. The advantage that BETWEEN THE LINES has allegedly gained has only come about due to the wayward actions of other horses in very testing racing conditions. BETWEEN THE LINES subsequently ends up in the parked position from the 1400 metres due to another disruption in the field. He finishes third some 2 ¼ lengths from the winner and 1 ¾ lengths ahead of the fourth horse.
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: 55f58b441a6901ad12c3c16b81e2e23d
informantnumber: 5971
horsename: BETWEEN THE LINES
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: Forbury Park TC 26 January 2012 - R 5 (instigating a protest)
charge:
facts:
Mr Allison, stipendiary steward, protested against the 3rd placing of BETWEEN THE LINES in that he alleged the horse started from the incorrect barrier position of 2 on the second line instead of the unruly 1 position.
The Judge’s placings were:
1ST 1 HIGHLY DELIGHTED
2ND 7 THE SECRET
3RD 12 BETWEEN THE LINES
4TH 5 ULTIMATE SHELDON
appealdecision:
isappeal:
submissionsfordecision:
Rule 862 provides:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
(3) For the avoidance of doubt … disqualification under sub-rule (2) shall be discretionary.
Mr Allison demonstrated on the videos that initially BETWEEN THE LINES was maintaining its correct unruly position in the score up, that being on the second line, and not being closer in than barrier 5. However, he pointed out that when the mobile rounded the bend the horse had drifted down on the track and started behind the horses, which had drawn barriers 2 and 3.
As to whether BETWEEN THE LINES had gained an advantage, Mr Allison said he believed that the horse had got a run for about half a lap one out one back as a consequence of other horses breaking and the horse being able to slot in. He questioned whether that run, which he accepted was quite fortuitous, would otherwise have been available to BETWEEN THE LINES. He further demonstrated, however, that BETWEEN THE LINES eventually ended up racing outside the leader for over a lap, a position which having regard to the atrocious weather conditions, could not be seen to be at all favourable. BETWEEN THE LINES eventually ran a fading third.
Mr Allison called the starter, Mr W Ferguson, to give evidence. He stated that some 2 ½ minutes prior to the start he had given the drivers instructions as to the correct barrier positions. This included, he said, telling Mr Court that he should not be closer in than behind the horse in barrier 5.
Mr Court maintained that he never heard the starter due to the adverse weather conditions. He stated that BETWEEN THE LINES was a difficult horse to drive, this being one reason for it being on the unruly list. He said BETWEEN THE LINES had shifted down on the track as he came round the bend behind the mobile. Weather conditions were very bad and he was unaware at the time that he had shifted down as far as he had. Mr Court maintained that he would have finished up 3 back on the fence due to the manner in which the horse was racing, no matter whether he had started from behind the 5 horse or from behind the 2 and 3 horses, as he did. He emphasised it was only due to luck in the running, in that a horse broke in midfield rounding the bend out of the straight disrupting a number of runners, which thereby enabled BETWEEN THE LINES to secure a run in the one out one back position for some 600 metres. He said for the rest of the race the horse was running with its head out and was not in a favourable position in the field. He was adamant that he had not gained any advantage.
reasonsfordecision:
We observe that when rounding the bend behind the mobile and approaching the starting point BETWEEN THE LINES drifts in to a point roughly behind the 2nd and 3rd horses on the front line. This committee accepts that the horse was running with its head out up to and after the starting point. Mr Court maintains that he would have finished up 3 back on the fence due to the manner in which the horse was racing and that it was only luck in that a horse racing midfield broke rounding the bend out of the straight disrupting a number of runners thereby enabling BETWEEN THE LINES to secure a run in the one out one back position for some 600 metres. We agree with his assessment. The advantage that BETWEEN THE LINES has allegedly gained has only come about due to the wayward actions of other horses in very testing racing conditions. BETWEEN THE LINES subsequently ends up in the parked position from the 1400 metres due to another disruption in the field. He finishes third some 2 ¼ lengths from the winner and 1 ¾ lengths ahead of the fourth horse.
Decision:
We find that BETWEEN THE LINES did not start from its correct barrier position. In exercising our discretion under r 862(3) and determining not to disqualify BETWEEN THE LINES, we find that we are not satisfied that the horse has gained an advantage through starting further down on the track than behind barrier 5. The weather and track conditions were such that there was not close racing and, in addition, the field was disrupted not long after the start by a horse breaking. It was this fact that enabled BETWEEN THE LINES to obtain a one out one back run for just over half a lap. From that point the horse was left in the open, and did well to hold on for 3rd. As we are not satisfied that BETWEEN THE LINES obtained a run to which it was not otherwise entitled through the breach of r 862(2), we dismiss the protest.
Stakes and dividends are to be paid as called by the judge.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr P Court - Licensed Horseman
StipendSteward:
raceid: c72fea5a4886deb8fed9adcc6ce7cbe4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa8966e3d8449b72b6cfe27f1fbb5c8a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2012
meet_title: Forbury Park TC - 26 January 2012
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