Winton HRC 2 March 2011 – R 5 (instigating a protest)
ID: JCA16588
Meet Title:
Winton HRC - 2 March 2011
Meet Chair:
ADennis
Meet Committee Member 1:
NSkelt
Race Date:
2011/03/02
Race Number:
R5
Decision:
The Committee decided to Relegate Bettor Yarn (2) driven by Mrs Barclay to 9th. The amended placings to read:
1st Itsnewstome (5)
2nd Tommy The Tippler (6)
3rd Regal River (11)
4th Ultimate Impact (12)
5th Amati Debut (1)
Facts:
After the running of Race 5, the '296 TOP END TAKEAWAYS MOBILE PACE' an Information 13731 Instigating a Protest was laid, alleging , under Rule 869 (8) (a) and (b) that with approximately 400 metres to run Bettor Yarn (K L Barclay) shifted ground outwards onto Squeezemegently (M J Williamson) causing Squeezemegently to break and lose its chance.
Submissions for Decision:
Mr Ydgren used video film to illustrate where the alleged incident took place. He stated that, in his belief, Mrs Barclay (Bettor Yarn) shifted outwards onto Squeezemegently, causing that horse to break and lose its chance. Mr Ydgren stated that Mrs Barclay was not entitled to make the shift, and that any such movement should be slow, gradual, and safe.
When questioned by Mr Ydgren, Mr Williamson (Squeezemegently) stated that he was travelling in the 3 wide lane, that he was pushed out by Mrs Barclay, causing his horse to gallop and lose its chance. He said that he tried his best to hold his position outside Mrs Barclay by driving 'hard'. Mr Williamson said that in his opinion Mrs Barclay did not have clear advantage and that he was a head ahead at the time of contact.
Mr Brown (Trainer - Bettor Yarn) stated that in his opinion, Mrs Barclay had every right to use the push out rule to her advantage and that her horse was travelling far the better at the time. Mr Brown also referred to the fact that Squeezemegently had galloped some two starts before and that it was wearing spreaders and a roll bar.
Mrs Barclay, in her evidence said that she believed that she had the advantage and was entitled to use the push out rule. She also maintained that her movements were gradual and that her wheel was in front at the time of the alleged incident.
Mr Williamson stated that his horse was travelling well at the time and that his horse did not contribute to the incident in any way.
Mr Ydgren, in summing up, stressed that when using the push out rule, movement must be gradual and safe, he also stated that in his opinion Mrs Barclay was never in a position to successfully complete that movement.
Reasons for Decision:
The Committee considered all the evidence presented. The Committee found that the back straight video film was pivotal in reaching its decision. The Committee was satisfied that Mrs Barclay's outward movement had in fact caused Squeezemegently to break and to lose ground.
The Committee was satisfied that at no time was Mrs Barclay in a position to move out safely and that Mr Williamson's horse's chances were affected through no fault of its own.
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: c99832f50d87a8d091d5239b3499405c
informantnumber: 13731
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Winton HRC 2 March 2011 - R 5 (instigating a protest)
charge:
facts:
After the running of Race 5, the '296 TOP END TAKEAWAYS MOBILE PACE' an Information 13731 Instigating a Protest was laid, alleging , under Rule 869 (8) (a) and (b) that with approximately 400 metres to run Bettor Yarn (K L Barclay) shifted ground outwards onto Squeezemegently (M J Williamson) causing Squeezemegently to break and lose its chance.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren used video film to illustrate where the alleged incident took place. He stated that, in his belief, Mrs Barclay (Bettor Yarn) shifted outwards onto Squeezemegently, causing that horse to break and lose its chance. Mr Ydgren stated that Mrs Barclay was not entitled to make the shift, and that any such movement should be slow, gradual, and safe.
When questioned by Mr Ydgren, Mr Williamson (Squeezemegently) stated that he was travelling in the 3 wide lane, that he was pushed out by Mrs Barclay, causing his horse to gallop and lose its chance. He said that he tried his best to hold his position outside Mrs Barclay by driving 'hard'. Mr Williamson said that in his opinion Mrs Barclay did not have clear advantage and that he was a head ahead at the time of contact.
Mr Brown (Trainer - Bettor Yarn) stated that in his opinion, Mrs Barclay had every right to use the push out rule to her advantage and that her horse was travelling far the better at the time. Mr Brown also referred to the fact that Squeezemegently had galloped some two starts before and that it was wearing spreaders and a roll bar.
Mrs Barclay, in her evidence said that she believed that she had the advantage and was entitled to use the push out rule. She also maintained that her movements were gradual and that her wheel was in front at the time of the alleged incident.
Mr Williamson stated that his horse was travelling well at the time and that his horse did not contribute to the incident in any way.
Mr Ydgren, in summing up, stressed that when using the push out rule, movement must be gradual and safe, he also stated that in his opinion Mrs Barclay was never in a position to successfully complete that movement.
reasonsfordecision:
The Committee considered all the evidence presented. The Committee found that the back straight video film was pivotal in reaching its decision. The Committee was satisfied that Mrs Barclay's outward movement had in fact caused Squeezemegently to break and to lose ground.
The Committee was satisfied that at no time was Mrs Barclay in a position to move out safely and that Mr Williamson's horse's chances were affected through no fault of its own.
Decision:
The Committee decided to Relegate Bettor Yarn (2) driven by Mrs Barclay to 9th. The amended placings to read:
1st Itsnewstome (5)
2nd Tommy The Tippler (6)
3rd Regal River (11)
4th Ultimate Impact (12)
5th Amati Debut (1)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8) (a) and (b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mrs Barclay, Mr M Williamson, Mr J Cox, Mr Brown
Respondent: Mrs Kirstin Barclay-Driver-Bettor Yarn (2), Mr M Brown - Trainer - Bettor Yarn, Mr M Williamson -Jnr Driver -Squeezemegently (4), Mr J Cox - Driver - Assisting Mr Williamson
StipendSteward:
raceid: f640835e235b831c14dacad9b7939c9d
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: 52b479a0b991e0fb794da2d6e3690fd0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/03/2011
meet_title: Winton HRC - 2 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: ADennis
meet_pm1: NSkelt
meet_pm2: none
name: Winton HRC