Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Oamaru HRC 12 July 2015 – R 8 (instigating a protest) – Chair, Mr P Knowles

ID: JCA15612

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr B Williamson - Junior Horseman, Mr N Williamson - Senior Horseman - Assisting

Information Number:
A1483

Hearing Type:
Protest

Rules:
869(7A)(a)&(b)

Meet Title:
Oamaru HRC - 12 July 2015

Meet Chair:
PKnowles

Meet Committee Member 1:
DJackson

Race Date:
2015/07/12

Race Number:
R8

Decision:

The breach of the Rule is upheld.  As a consequence PYRAMID MONARCH is disqualified from its third placing.

The Official placings are now:-

1st - LIVE THE DREAM (8)

2nd - GIVE ME STRENGTH (6)

3rd - KING OF STRATHFIELD (9)

4th - VALMAGNE (10)

Facts:

Following the running of Race 8 the Southern Wines Handicap Trot Stipendiary Steward Mr NS Ydgren filed an information alleging the third placed horse PYRAMID MONARCH was in breach of Rule 869(7A)(a) & (b) in that " ... Mr B Williamson raced inside several pylons on the final bend and in doing so gained an advantage by improving his position."

Mr Ydgren was seeking the disqualification of PYRAMID MONARCH from its third placing.

The Official placings were:

1st - LIVE THE DREAM (8)

2nd - GIVE ME STRENGTH (6)

3rd - PYRAMID MONARCH (5)

4th - KING OF STRATHFIELD (9)

5th - VALMAGNE (10)

The Official margins were: - One and half lengths, neck and a nose.

The relevant Rules are:

Rule 869(7A)(a) provides "Every horseman who moves inwards shall ensure that contact is not made with any track marker"

Rule 869(7A)(b) provides "Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line"

It shall be a defence to a breach of this sub rule if the horseman established that the breach was attributable to the behaviour of his horse or any other horse or horseman in the race.

Rule 1003(2) provides "Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race ..."

Mr Ydgren, with the assistance of the video replays, pointed out the relevant positions of PYRAMID MONARCH and the fourth placed KING OF STRATHFIELD.  PYRAMID MONARCH had trailed the leader ZHENYA from soon after the start with KING OF STRATHFIELD racing near the rear until it began improving its position from the 500m.

Submissions for Decision:

Mr Ydgren, with the assistance of the video replays, pointed out the relevant positions of PYRAMID MONARCH and the fourth placed KING OF STRATHFIELD.  PYRAMID MONARCH had trailed the leader ZHENYA from soon after the start with KING OF STRATHFIELD racing near the rear until it began improving its position from the 500m.

He said that with approx. 300m to run Mr Williamson attempted to improve his position inside ZHENYA when there was insufficient room to do so (at this point ZHENYA was racing about a half to three-quarters of a cart off the pole line).  PYRAMID MONARCH'S inside sulky wheel protruded inside the marker line and inside several pylons for between 20 and 25 metres before coming back onto the course proper prior to the entrance to the passing lane.

He believed this allowed PYRAMID MONARCH to enter the passing lane with a clear advantage over the fourth placed horse KING OF STRATHFIELD.  He estimated that by going inside the marker line/pylons PYRAMID MONARCH had gained an advantage of at least a half-length.  As the official margin was only a nose between third and fourth he was seeking the disqualification of PYRAMID MONARCH under the Rule.

Mr Williamson stated that at about 20 metres prior to his moving forward/inside the leader there was sufficient room for him to improve.  He said that once he was in the gap the leader shifted back down onto him forcing him to briefly race inside the marker line and pylons.  He was adamant the run presented itself prior to his racing inside the pylons.

Reasons for Decision:

In reaching a decision the committee has to be firstly satisfied that the breach of the Rules is not attributable to the manners of the horse PYRAMID MONARCH or the actions of any other horse or horseman.  Mr Ydgren was very clear in his evidence that PYRAMID MONARCH raced inside the marker line and several pylons due to the actions of Mr Williamson.  He maintained that there was never enough room, at any stage, for Mr Williamson to improve his position.  By improving his position he had gained an advantage of at least a half-length over the fourth placed horse KING OF STRATHFIELD which finished a nose behind PYRAMID MONARCH at the finish.

Mr Williamson stated that about 20m prior to his making a move a full cart width gap presented itself.  He said once he was in that gap, the leading horse (ZHENYA) shifted back inwards.  It was this inwards shifting that caused his sulky wheel to protrude inside the marker line and pylons.  He was of the view he would have had a clear run if not for the leader shifting inwards onto him.

On reviewing the videos and the oral evidence the committee is satisfied that there was insufficient room for Mr Williamson to improve PYRAMID MONARCH from a trailing position to inside ZHENYA, without placing a sulky wheel inside the marker line or pylons about 300m from the finish.  We accept that ZHENYA was racing off the pole line by a half to three-quarters of a cart width but at no time are we satisfied it was any more than that.

Having first established that Mr Williamson has no defence under the rule the committee now has to be satisfied that PYRAMID MONARCH gained an advantage over KING OF STRATHFIELD at the finish.  Mr Ydgren stated that PYRAMID MONARCH gained an advantage of at least a half-length prior to entering the passing lane.  KING OF STRATHFIELD was some distance from the leaders at the top of the straight and finished strongly wide out to be a nose in arrears at the finish.

The committee is satisfied PYRAMID MONARCH gained an advantage over KING OF STRATHFIELD prior to entering the passing lane which it maintained to the finish.

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: bb4d2693f288beea376b7d6abb7a9ba2


informantnumber: A1483


horsename: PYRAMID MONARCH


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 17/07/2015


hearing_title: Oamaru HRC 12 July 2015 - R 8 (instigating a protest) - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 8 the Southern Wines Handicap Trot Stipendiary Steward Mr NS Ydgren filed an information alleging the third placed horse PYRAMID MONARCH was in breach of Rule 869(7A)(a) & (b) in that " ... Mr B Williamson raced inside several pylons on the final bend and in doing so gained an advantage by improving his position."

Mr Ydgren was seeking the disqualification of PYRAMID MONARCH from its third placing.

The Official placings were:

1st - LIVE THE DREAM (8)

2nd - GIVE ME STRENGTH (6)

3rd - PYRAMID MONARCH (5)

4th - KING OF STRATHFIELD (9)

5th - VALMAGNE (10)

The Official margins were: - One and half lengths, neck and a nose.

The relevant Rules are:

Rule 869(7A)(a) provides "Every horseman who moves inwards shall ensure that contact is not made with any track marker"

Rule 869(7A)(b) provides "Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line"

It shall be a defence to a breach of this sub rule if the horseman established that the breach was attributable to the behaviour of his horse or any other horse or horseman in the race.

Rule 1003(2) provides "Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race ..."

Mr Ydgren, with the assistance of the video replays, pointed out the relevant positions of PYRAMID MONARCH and the fourth placed KING OF STRATHFIELD.  PYRAMID MONARCH had trailed the leader ZHENYA from soon after the start with KING OF STRATHFIELD racing near the rear until it began improving its position from the 500m.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren, with the assistance of the video replays, pointed out the relevant positions of PYRAMID MONARCH and the fourth placed KING OF STRATHFIELD.  PYRAMID MONARCH had trailed the leader ZHENYA from soon after the start with KING OF STRATHFIELD racing near the rear until it began improving its position from the 500m.

He said that with approx. 300m to run Mr Williamson attempted to improve his position inside ZHENYA when there was insufficient room to do so (at this point ZHENYA was racing about a half to three-quarters of a cart off the pole line).  PYRAMID MONARCH'S inside sulky wheel protruded inside the marker line and inside several pylons for between 20 and 25 metres before coming back onto the course proper prior to the entrance to the passing lane.

He believed this allowed PYRAMID MONARCH to enter the passing lane with a clear advantage over the fourth placed horse KING OF STRATHFIELD.  He estimated that by going inside the marker line/pylons PYRAMID MONARCH had gained an advantage of at least a half-length.  As the official margin was only a nose between third and fourth he was seeking the disqualification of PYRAMID MONARCH under the Rule.

Mr Williamson stated that at about 20 metres prior to his moving forward/inside the leader there was sufficient room for him to improve.  He said that once he was in the gap the leader shifted back down onto him forcing him to briefly race inside the marker line and pylons.  He was adamant the run presented itself prior to his racing inside the pylons.


reasonsfordecision:

In reaching a decision the committee has to be firstly satisfied that the breach of the Rules is not attributable to the manners of the horse PYRAMID MONARCH or the actions of any other horse or horseman.  Mr Ydgren was very clear in his evidence that PYRAMID MONARCH raced inside the marker line and several pylons due to the actions of Mr Williamson.  He maintained that there was never enough room, at any stage, for Mr Williamson to improve his position.  By improving his position he had gained an advantage of at least a half-length over the fourth placed horse KING OF STRATHFIELD which finished a nose behind PYRAMID MONARCH at the finish.

Mr Williamson stated that about 20m prior to his making a move a full cart width gap presented itself.  He said once he was in that gap, the leading horse (ZHENYA) shifted back inwards.  It was this inwards shifting that caused his sulky wheel to protrude inside the marker line and pylons.  He was of the view he would have had a clear run if not for the leader shifting inwards onto him.

On reviewing the videos and the oral evidence the committee is satisfied that there was insufficient room for Mr Williamson to improve PYRAMID MONARCH from a trailing position to inside ZHENYA, without placing a sulky wheel inside the marker line or pylons about 300m from the finish.  We accept that ZHENYA was racing off the pole line by a half to three-quarters of a cart width but at no time are we satisfied it was any more than that.

Having first established that Mr Williamson has no defence under the rule the committee now has to be satisfied that PYRAMID MONARCH gained an advantage over KING OF STRATHFIELD at the finish.  Mr Ydgren stated that PYRAMID MONARCH gained an advantage of at least a half-length prior to entering the passing lane.  KING OF STRATHFIELD was some distance from the leaders at the top of the straight and finished strongly wide out to be a nose in arrears at the finish.

The committee is satisfied PYRAMID MONARCH gained an advantage over KING OF STRATHFIELD prior to entering the passing lane which it maintained to the finish.


Decision:

The breach of the Rule is upheld.  As a consequence PYRAMID MONARCH is disqualified from its third placing.

The Official placings are now:-

1st - LIVE THE DREAM (8)

2nd - GIVE ME STRENGTH (6)

3rd - KING OF STRATHFIELD (9)

4th - VALMAGNE (10)


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(7A)(a)&(b)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Hardiman - Representing owners of PYRAMID MONARCH


Respondent: Mr B Williamson - Junior Horseman, Mr N Williamson - Senior Horseman - Assisting


StipendSteward:


raceid: b41169d57e256ad7e20b49c5e15e1118


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: 1e80d6154b73a387399658469601eea4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/07/2015


meet_title: Oamaru HRC - 12 July 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: DJackson


meet_pm2: none


name: Oamaru HRC