Franklin TC 4 March 2014 – R 10 (instigating a protest)
ID: JCA14383
Meet Title:
Franklin TC - 4 March 2014
Meet Chair:
BScott
Race Date:
2014/03/04
Race Number:
R10
Decision:
The Protest is upheld and GOLDEN DELIGHT is disqualified from the Race. The amended placings are now:
First (2) MAJOR OUCH
Second (10) CHOKULLEN
Third (5) ALTA TALLYHO
Fourth (6) DOUGIE MAGUIRE
Fifth (12) LAMBRUSCO
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
Facts:
Following the running of Race 10 the COUNTIES RACING @PUKEKOHE PARK MARCH 19 MOBILE PACE an Information Instigating a Protest was lodged by Co Chief Stipendiary Steward Mr R Neal against the 3rd of GOLDEN DELIGHT on the grounds of causing interference to JONNY WILKINSON which was checked and broke and had its chances affected. Messrs Small and Lawson (Trainer and Driver respectively of GOLDEN DELIGHT) were present and Mr Small advised me that the Protest was contested. Mr Ferguson the Driver of JONNY WILKINSON was also present and he was assisted by Senior Horseman Mr T Mitchell. Mr Neal gave evidence and said that running into the first bend leaving the straight JONNY WILKINSON was in the trail behind the leader STEEL THE LIGHT and it was tightened by GOLDEN DELIGHT which was on its outside and as result JONNY WILKINSON broke and lost all chance. Mr Neal demonstrated the incident by use of the Race Films and he said that as a result of the inwards movement from GOLDEN DELIGHT Mr Ferguson's horse struck its sulky wheel and broke. Mr Ferguson said that at the time he was holding the Leader's back and he intended to stay in the trail. He said that Mr Lawson has come in and tightened his horse and as a result the sulky wheel of Mr Lawson's horse has hit JONNY WILKINSON'S back leg and it broke and lost its chance. Mr Ferguson also said that he yelled out to Mr Lawson but that he kept coming in. Mr Lawson said that he had gone in for a look to see if he could get the trail but that the opportunity was no longer there and that the spot was Mr Ferguson's. He said it was tight racing and Mr Ferguson was chasing his horse up and he yelled out to Mr Ferguson to wait because there would be easing in racing room. He said that he was also under some pressure from the horse on his outside. Mr Lawson said that Mr Ferguson had the spot and if he had not kept chasing his horse up then the incident would not have happened. He said that the Films showed that the horses were racing several feet out from the running line and there was plenty of room for Mr Ferguson and he only had to remain patient as Mr Lawson had told him. In answer to a question from me Mr Lawson said that Mr Ferguson and his horse were at fault. Mr Small reiterated what Mr Lawson said and said there was room and if Mr Ferguson had not kept chasing his horse then it wouldn't have happened. He said that his horse and Driver were not totally at fault. Mr Mitchell said that the Films showed that there was no pressure on Mr Lawson from the outside horse.
Submissions for Decision:
Mr Neal by way of summary said that the films clearly showed that there was tightening and that JONNY WILKINSON'S head clearly came up before it broke. He said that this was caused by the interference from GOLDEN DELIGHT and that as a result JONNY WILKINSON lost all chance.
Mr Small said that the horses were racing a metre off the marker pegs and that there was plenty of room for Mr Ferguson's horse. He again said that his horse and Driver were not totally at fault.
Reasons for Decision:
I have listened to the evidence and have watched the Race Films many times. I have the benefit of Films from several different angles.
The facts in my view are very clear in that JONNY WILKINSON was in the trail and that there was interference and it broke and lost all chance. Mr Lawson has acknowledged that he moved in to see if he could get the trail but he also acknowledged that the position belonged to Mr Ferguson.
Messrs Lawson and Small have told me that Mr Ferguson should not have been chasing his horse up and that he should have been patient. I do not agree with that . The position was Mr Ferguson's and so long as he is holding his line he is entitled to move forward and he can chase his horse up to achieve this.
I have been told that the horses were racing about 2 feet off the marker line and that there was plenty of room for Mr Ferguson and the implication is that he should have moved in further. Mr Ferguson was entitled to hold his position and no blame could be attributed to him.
When I viewed the Films in some detail I noted that before JONNY WILKINSON broke it was in tight quarters and in fact had already run over one pylon. That was as a result of the inwards pressure from GOLDEN DELIGHT and it appears that although Mr Lawson started to take corrective action it was too late and as a result of the interference from GOLDEN DELIGHT Mr Ferguson's horse broke and lost all chance.
I also take the view that there was no pressure from the horse on the outside of GOLDEN DELIGHT.
The Protest must be upheld.
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: 7c7a42ede1482365c749cfe34ab2ddd1
informantnumber: A3225
horsename: GOLDEN DELIGHT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2014
hearing_title: Franklin TC 4 March 2014 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10 the COUNTIES RACING @PUKEKOHE PARK MARCH 19 MOBILE PACE an Information Instigating a Protest was lodged by Co Chief Stipendiary Steward Mr R Neal against the 3rd of GOLDEN DELIGHT on the grounds of causing interference to JONNY WILKINSON which was checked and broke and had its chances affected. Messrs Small and Lawson (Trainer and Driver respectively of GOLDEN DELIGHT) were present and Mr Small advised me that the Protest was contested. Mr Ferguson the Driver of JONNY WILKINSON was also present and he was assisted by Senior Horseman Mr T Mitchell. Mr Neal gave evidence and said that running into the first bend leaving the straight JONNY WILKINSON was in the trail behind the leader STEEL THE LIGHT and it was tightened by GOLDEN DELIGHT which was on its outside and as result JONNY WILKINSON broke and lost all chance. Mr Neal demonstrated the incident by use of the Race Films and he said that as a result of the inwards movement from GOLDEN DELIGHT Mr Ferguson's horse struck its sulky wheel and broke. Mr Ferguson said that at the time he was holding the Leader's back and he intended to stay in the trail. He said that Mr Lawson has come in and tightened his horse and as a result the sulky wheel of Mr Lawson's horse has hit JONNY WILKINSON'S back leg and it broke and lost its chance. Mr Ferguson also said that he yelled out to Mr Lawson but that he kept coming in. Mr Lawson said that he had gone in for a look to see if he could get the trail but that the opportunity was no longer there and that the spot was Mr Ferguson's. He said it was tight racing and Mr Ferguson was chasing his horse up and he yelled out to Mr Ferguson to wait because there would be easing in racing room. He said that he was also under some pressure from the horse on his outside. Mr Lawson said that Mr Ferguson had the spot and if he had not kept chasing his horse up then the incident would not have happened. He said that the Films showed that the horses were racing several feet out from the running line and there was plenty of room for Mr Ferguson and he only had to remain patient as Mr Lawson had told him. In answer to a question from me Mr Lawson said that Mr Ferguson and his horse were at fault. Mr Small reiterated what Mr Lawson said and said there was room and if Mr Ferguson had not kept chasing his horse then it wouldn't have happened. He said that his horse and Driver were not totally at fault. Mr Mitchell said that the Films showed that there was no pressure on Mr Lawson from the outside horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal by way of summary said that the films clearly showed that there was tightening and that JONNY WILKINSON'S head clearly came up before it broke. He said that this was caused by the interference from GOLDEN DELIGHT and that as a result JONNY WILKINSON lost all chance.
Mr Small said that the horses were racing a metre off the marker pegs and that there was plenty of room for Mr Ferguson's horse. He again said that his horse and Driver were not totally at fault.
reasonsfordecision:
I have listened to the evidence and have watched the Race Films many times. I have the benefit of Films from several different angles.
The facts in my view are very clear in that JONNY WILKINSON was in the trail and that there was interference and it broke and lost all chance. Mr Lawson has acknowledged that he moved in to see if he could get the trail but he also acknowledged that the position belonged to Mr Ferguson.
Messrs Lawson and Small have told me that Mr Ferguson should not have been chasing his horse up and that he should have been patient. I do not agree with that . The position was Mr Ferguson's and so long as he is holding his line he is entitled to move forward and he can chase his horse up to achieve this.
I have been told that the horses were racing about 2 feet off the marker line and that there was plenty of room for Mr Ferguson and the implication is that he should have moved in further. Mr Ferguson was entitled to hold his position and no blame could be attributed to him.
When I viewed the Films in some detail I noted that before JONNY WILKINSON broke it was in tight quarters and in fact had already run over one pylon. That was as a result of the inwards pressure from GOLDEN DELIGHT and it appears that although Mr Lawson started to take corrective action it was too late and as a result of the interference from GOLDEN DELIGHT Mr Ferguson's horse broke and lost all chance.
I also take the view that there was no pressure from the horse on the outside of GOLDEN DELIGHT.
The Protest must be upheld.
Decision:
The Protest is upheld and GOLDEN DELIGHT is disqualified from the Race. The amended placings are now:
First (2) MAJOR OUCH
Second (10) CHOKULLEN
Third (5) ALTA TALLYHO
Fourth (6) DOUGIE MAGUIRE
Fifth (12) LAMBRUSCO
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8)(b)
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Lawson - Driver of GOLDEN DELIGHT, GC Small Trainer of GOLDEN DELIGHT, D Ferguson (Junior Driver) Driver of JONNY WILKINSON, Mr T Mitchell - Senior Horseman assisting Mr D Ferguson
Respondent: Mr G C Small - Trainer of GOLDEN DELIGHT
StipendSteward:
raceid: 4433c28bf2aed1963123f2c118b6e297
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5c5479b841a3afd3c4744f64eefb9c46
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2014
meet_title: Franklin TC - 4 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Franklin TC