Archive Decision

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Wyndham HRC 23 February 2013 – R 9

ID: JCA15172

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Driver of CARNARDLY LOVER (3)

Information Number:
5903

Hearing Type:
Protest

Rules:
869(8)(b)

Meet Title:
Wyndham HRC - 23 February 2013

Meet Chair:
NSkelt

Meet Committee Member 1:
DSteel

Race Date:
2013/02/23

Race Number:
R 9

Decision:

The Committee has exercised its discretion under the Rule and the protest is dismissed accordingly.

The Official Judge's placings were as the horses past the winning post.

Facts:

At the conclusion of race 9 The Kina Craig Stud Wyndham Cup, a protest was lodged by Stipendiary Steward Mr C J Allison under Rule 869(8)(b), alleging that the third placed horse by the judge, CARNARDLY LOVER (S Walkinshaw), nearing the 1400m mark, when over racing, hit the wheel of PRINCESS DELIGHT (C J Barron).

Rule 869(8)(b) reads:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to rule 1003 thereof place any horse which:

(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.

Judge's placings read:

1st - SMILING STAR (R Holmes)
2nd - JIMMY JOHNSTONE (J Hay)
3rd - CARNARDLY LOVER (S Walkinshaw
4th - PHANTOM GRIN (D Dunn)

Submissions for Decision:

Stipendiary Steward Mr C Allison used the video clips to highlight the alleged incident. Mr Allison stated that CARNARDLY LOVER (S Walkinshaw) was placed six back on the fence leaving the home straight, (approximately the 1400 metre mark).

The pace had slackened off substantially after JIMMY JOHNSTONE (J Hay) and PHANTOM GRIN (D Dunn) had fought for the lead at a torrid pace down the home straight.

Mr Allison continued stating that CARNARDLY LOVER was over racing and as a result had hit the wheel of PRINCESS DELIGHT.

Mr Allison stated that Mr Walkinshaw was not going to be the subject of any further action being taken by stewards.

Mr Barron (PRINCESS DELIGHT) stated that it was simply a ‘racing incident’, saying that the incident was too far out to determine whether or not his horse’s chances were affected by it and that he did not believe the protest rule applied in respect of Mr Walkinshaw’s actions.

Mr Walkinshaw (CARNARDLY LOVER) stated that none of the trailing horsemen had ‘anywhere to go’ and it was just one of those things.

Mr Allison in summing up stated that it was difficult to determine blame and that it was a concertina effect from the front horse easing up after such a torrid pace, however Mr Barron’s horses chances were affected in that he carried a flat tyre for the last part of the race.

Reasons for Decision:

Having considered all of the video evidence and submissions, the Committee is very clear that the easing of the pace is the major contributing factor in this incident.

We are of the view that Mr Walkinshaw’s horse, although racing keenly, was the victim of the “backwash” created by the pace slowing abruptly and the effect this had on the horses racing at the back of the field.

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: 722077cb9a0a8206a7b3612f51047fab


informantnumber: 5903


horsename: CARNARDLY LOVER


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 19/02/2013


hearing_title: Wyndham HRC 23 February 2013 - R 9


charge:


facts:

At the conclusion of race 9 The Kina Craig Stud Wyndham Cup, a protest was lodged by Stipendiary Steward Mr C J Allison under Rule 869(8)(b), alleging that the third placed horse by the judge, CARNARDLY LOVER (S Walkinshaw), nearing the 1400m mark, when over racing, hit the wheel of PRINCESS DELIGHT (C J Barron).

Rule 869(8)(b) reads:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to rule 1003 thereof place any horse which:

(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.

Judge's placings read:

1st - SMILING STAR (R Holmes)
2nd - JIMMY JOHNSTONE (J Hay)
3rd - CARNARDLY LOVER (S Walkinshaw
4th - PHANTOM GRIN (D Dunn)


appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward Mr C Allison used the video clips to highlight the alleged incident. Mr Allison stated that CARNARDLY LOVER (S Walkinshaw) was placed six back on the fence leaving the home straight, (approximately the 1400 metre mark).

The pace had slackened off substantially after JIMMY JOHNSTONE (J Hay) and PHANTOM GRIN (D Dunn) had fought for the lead at a torrid pace down the home straight.

Mr Allison continued stating that CARNARDLY LOVER was over racing and as a result had hit the wheel of PRINCESS DELIGHT.

Mr Allison stated that Mr Walkinshaw was not going to be the subject of any further action being taken by stewards.

Mr Barron (PRINCESS DELIGHT) stated that it was simply a ‘racing incident’, saying that the incident was too far out to determine whether or not his horse’s chances were affected by it and that he did not believe the protest rule applied in respect of Mr Walkinshaw’s actions.

Mr Walkinshaw (CARNARDLY LOVER) stated that none of the trailing horsemen had ‘anywhere to go’ and it was just one of those things.

Mr Allison in summing up stated that it was difficult to determine blame and that it was a concertina effect from the front horse easing up after such a torrid pace, however Mr Barron’s horses chances were affected in that he carried a flat tyre for the last part of the race.


reasonsfordecision:

Having considered all of the video evidence and submissions, the Committee is very clear that the easing of the pace is the major contributing factor in this incident.

We are of the view that Mr Walkinshaw’s horse, although racing keenly, was the victim of the “backwash” created by the pace slowing abruptly and the effect this had on the horses racing at the back of the field.


Decision:

The Committee has exercised its discretion under the Rule and the protest is dismissed accordingly.

The Official Judge's placings were as the horses past the winning post.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(b)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr V Nally - Owner of CARNARDLY LOVER (3), Mr C Barron - Driver of PRINCESS DELIGHT (7), Mr R Quirk - Stipendiary Steward


Respondent: Mr S Walkinshaw - Driver of CARNARDLY LOVER (3)


StipendSteward:


raceid: f7db8ba31288f0079277b00eacd20f2a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9288beb8dc9c61aadf3512b72fdfb44a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/02/2013


meet_title: Wyndham HRC - 23 February 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: DSteel


meet_pm2: none


name: Wyndham HRC