Forbury Park TC 23 June 2011 – R8 (Instigating a Protest)
ID: JCA16600
Meet Title:
Forbury Park TC - 23 June 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/06/23
Race Number:
R8
Decision:
Placings are as the horses crossed the line. Stakes and dividends are ordered to be paid accordingly.
Facts:
Mr Allison sought disqualification of I’M A DAZZLER pursuant to rr 862(2) and 869(8)(a) on the grounds that the horse started in front of the mobile gate.
Judges placings were:
1st 9 I'm A Dazzler
2nd 7 Jaspers Blue Jean
3rd 4 Liquidity
4th 2 Royal Courage
Margins were: 1 1/4 L, a neck, ¾ of a L.
Submissions for Decision:
Mr Allison demonstrated on the video that as the mobile barrier was released I’M A DAZZLER was ahead of the arm. The extent to which the horse was in front was not clear from any video angle. However, it was not more than a head, he said. And, we note, no party disagreed with this assessment. Mr Allison said that I’M A DAZZLER started from just outside the mobile barrier with its head slightly in front of the arm and, as a consequence, the horse had not started from its correct barrier position.
This rule states:
862(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).
Mr Ward, the starter, gave evidence that he only noticed that I’M A DAZZLER was ahead of the mobile barrier after he had pushed the green button. It was to late to order a recall after that time. He emphasised he believed I’M A DAZZLER was only 1/2 a neck rather than a head in front of the gate.
Mr Thomas, the driver of I’M A DAZZLER, said that he was only marginally in front of the gate and, as he had eased his horse immediately after the start, he had not gained any advantage. He said he had started beside the horse that drew 8. Mr Anderson who represented the connections of I’M A DAZZLER reiterated this and emphasised I’M A DAZZLER had gained no advantage.
Mr Allison demonstrated on the video that I’M A DAZZLER had raced 3 or 4 wide for the first 700 metres or so. He said I’M A DAZZLER had worked hard to the lead and agreed that the horse had not gained any advantage. During the course of the protest it was established that r 869(8)(a) did not apply and Mr Allison proceeded under r 862(2).
Reasons for Decision:
Rule 862(3) states:
862(3) For the avoidance of doubt, disqualification under sub-rule (1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary.
In exercising our discretion to dismiss the protest, we apply this provision. All the parties are agreed, and we concur, that I’M A DAZZLER has gained no advantage from starting what we would estimate as being a neck in front of the mobile arm. I’M A DAZZLER was eased immediately after the start and, after racing 3 or 4 wide for the first 700 metres or so, the horse worked to the lead.
We considered briefly whether r 862(1) might be the more appropriate rule to apply. This rule states:
862(1) No horseman shall permit a horse to start, and no horse shall start on a mark in advance of its proper mark.
In addition to any other penalty, which may be imposed upon a horse pursuant to Rule 1003, any horse which starts in contravention of this Rule shall be disqualified from that race.
However “mark” is defined in r 105(1) as a “handicap mark”, which we do not believe is applicable to a mobile start. We see subs (1) of r 862 having application where a horse, for example, is carded to start off 20 metres behind and mistakenly starts off 10.
We have determined the protest on the basis that I’M A DAZZLER started from its incorrect barrier position. However, when questioned as to this, the starter indicated he believed that the horse had started from its correct barrier position. He also said that the other horses off the front were in their correct positions and that I’M A DAZZLER was only marginally outside the arm of the gate when released. We note that the front line was evenly spaced behind the mobile barrier and that I’M A DAZZLER was alongside the number 8 horse, TOM PETTY.
Had we not been able to exercise our discretion under r 862(3) and rule that I’M A DAZZLER not be disqualified, we would have carefully considered Mr Ward’s evidence that the horse, although marginally in front of the gate, was in fact starting from its correct barrier position. We can see merit in this argument. We believe that a clarification of r 862 is appropriate in order that the rule can be seen to clearly apply where a horse behind a mobile gate starts in advance of its correct barrier position. However, it is our view that the discretion should be preserved, in order that a just result, appropriate to the particular circumstances of the breach, can be achieved.
JCA Decision Fields (raw)
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hearingid: cb283078162773758e0daa41e45f6ecc
informantnumber: 13737
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/06/2011
hearing_title: Forbury Park TC 23 June 2011 - R8 (Instigating a Protest)
charge:
facts:
Mr Allison sought disqualification of I’M A DAZZLER pursuant to rr 862(2) and 869(8)(a) on the grounds that the horse started in front of the mobile gate.
Judges placings were:
1st 9 I'm A Dazzler
2nd 7 Jaspers Blue Jean
3rd 4 Liquidity
4th 2 Royal Courage
Margins were: 1 1/4 L, a neck, ¾ of a L.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the video that as the mobile barrier was released I’M A DAZZLER was ahead of the arm. The extent to which the horse was in front was not clear from any video angle. However, it was not more than a head, he said. And, we note, no party disagreed with this assessment. Mr Allison said that I’M A DAZZLER started from just outside the mobile barrier with its head slightly in front of the arm and, as a consequence, the horse had not started from its correct barrier position.
This rule states:
862(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).
Mr Ward, the starter, gave evidence that he only noticed that I’M A DAZZLER was ahead of the mobile barrier after he had pushed the green button. It was to late to order a recall after that time. He emphasised he believed I’M A DAZZLER was only 1/2 a neck rather than a head in front of the gate.
Mr Thomas, the driver of I’M A DAZZLER, said that he was only marginally in front of the gate and, as he had eased his horse immediately after the start, he had not gained any advantage. He said he had started beside the horse that drew 8. Mr Anderson who represented the connections of I’M A DAZZLER reiterated this and emphasised I’M A DAZZLER had gained no advantage.
Mr Allison demonstrated on the video that I’M A DAZZLER had raced 3 or 4 wide for the first 700 metres or so. He said I’M A DAZZLER had worked hard to the lead and agreed that the horse had not gained any advantage. During the course of the protest it was established that r 869(8)(a) did not apply and Mr Allison proceeded under r 862(2).
reasonsfordecision:
Rule 862(3) states:
862(3) For the avoidance of doubt, disqualification under sub-rule (1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary.
In exercising our discretion to dismiss the protest, we apply this provision. All the parties are agreed, and we concur, that I’M A DAZZLER has gained no advantage from starting what we would estimate as being a neck in front of the mobile arm. I’M A DAZZLER was eased immediately after the start and, after racing 3 or 4 wide for the first 700 metres or so, the horse worked to the lead.
We considered briefly whether r 862(1) might be the more appropriate rule to apply. This rule states:
862(1) No horseman shall permit a horse to start, and no horse shall start on a mark in advance of its proper mark.
In addition to any other penalty, which may be imposed upon a horse pursuant to Rule 1003, any horse which starts in contravention of this Rule shall be disqualified from that race.
However “mark” is defined in r 105(1) as a “handicap mark”, which we do not believe is applicable to a mobile start. We see subs (1) of r 862 having application where a horse, for example, is carded to start off 20 metres behind and mistakenly starts off 10.
We have determined the protest on the basis that I’M A DAZZLER started from its incorrect barrier position. However, when questioned as to this, the starter indicated he believed that the horse had started from its correct barrier position. He also said that the other horses off the front were in their correct positions and that I’M A DAZZLER was only marginally outside the arm of the gate when released. We note that the front line was evenly spaced behind the mobile barrier and that I’M A DAZZLER was alongside the number 8 horse, TOM PETTY.
Had we not been able to exercise our discretion under r 862(3) and rule that I’M A DAZZLER not be disqualified, we would have carefully considered Mr Ward’s evidence that the horse, although marginally in front of the gate, was in fact starting from its correct barrier position. We can see merit in this argument. We believe that a clarification of r 862 is appropriate in order that the rule can be seen to clearly apply where a horse behind a mobile gate starts in advance of its correct barrier position. However, it is our view that the discretion should be preserved, in order that a just result, appropriate to the particular circumstances of the breach, can be achieved.
Decision:
Placings are as the horses crossed the line. Stakes and dividends are ordered to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2) and 869(8)(a)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr G Anderson
Respondent: Mr B Thomas
StipendSteward:
raceid: 7a94d54ee162d31b189b026c14606dac
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: 22e66daaec0c8a4ed69d15bbf50e2f3d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/06/2011
meet_title: Forbury Park TC - 23 June 2011
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