Forbury Park TC – 17 June 2010 – R 6

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startdate: 17/06/2010

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hearing_title: Forbury Park TC - 17 June 2010 - R 6

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)

Informant:  Mr Allison, Stipendiary Steward 

Defendant:  Mr James, part owner ILLUMAWAY

Information No: 14137

Meeting:  Forbury Park TC

Date:  17 June 2010

Venue:  Dunedin

Race:  6

Rule No: 869(8)(b)

Judicial Committee:  G Hall, Chairman – D Steel, Committee Member 

Also Present:

Mr T Chmiel, licensed horseman

Mr T Williams, junior driver

Protest:

This was a protest by Mr Allison, stipendiary steward, alleging that with approximately 300 metres to run ILLUMAWAY (T Williams) hung inwards checking D’AMORE’S FIRST (T Chmiel) causing D’AMORE’S FIRST to break losing its chance.

Judge’s placings were:

1^st        4 ILLUMAWAY

2^nd        12 DOUBLE TRAP

3^rd        14 NATURAL FLAME

4^th        7 EXCEED AND EXCEL

5^th        10 HOGWART’S EXPRESS

EVIDENCE:

Mr Allison had Mr Knowles, stipendiary steward, demonstrate on a number of video angles that ILLUMAWAY was hanging in as the horses turned for home. ILLUMAWAY had about a neck advantage on D’AMORE’S FIRST. Soon after D’AMORE’S FIRST had been headed, ILLUMAWAY’s cart came into contact with the off-side hind leg of D’AMORE’S FIRST causing that horse to break and drift back through the field. D’AMORE’S FIRST finished 11^th.

Mr Knowles stated he did not see the incident from the patrol box as he was concentrating on movement further back in the field.

Mr Chmiel, the driver of D’AMORE’S FIRST, gave evidence that he had yelled out to Mr Williams, the driver of ILLUMAWAY, to give him room. He said ILLUMAWAY was hanging and as a consequence he was forced down on the track on to a marker peg and that there was contact between the cart of ILLUMAWAY and the leg of D’AMORE’S FIRST. He said his horse was going well and while ILLUMAWAY might have had his horse’s measure, he believed he would have run a place had the interference not occurred. He was still to go for the horse at the time of the interference.

Mr James, the part-owner of ILLUMAWAY, stated that D’AMORE’S FIRST had frequently broken in its races and that that horse was hanging as well. He said D’AMORE’S FIRST had moved out when the interference occurred. Mr Chmiel, when questioned, denied this.

Mr Williams gave evidence that ILLUMAWAY was hanging in and acknowledged there had been contact with D’AMORE’S FIRST. He said this was the first time ILLUMAWAY had been tried with a boring pole. He added he was racing in tight quarters and had heard Mr Chmiel yell out. He acknowledged D’AMORE’S FIRST had not dictated his line.

REASONS:

The video evidence shows that ILLUMAWAY was hanging in as it raced on the outer of D’AMORE’S FIRST. After ILLUMAWAY gained a small advantage, D’AMORE’S FIRST broke and drifted through the field. Mr Chmiel and Mr Williams agree there was contact between the wheel of ILLUMAWAY’s cart and the off-side hind leg of D’AMORE’S FIRST. Mr Williams says ILLUMAWAY did not move into his line. We accept this evidence and not Mr James’ submission that D’AMORE’S FIRST moved outwards.

DECISION:

We find D’AMORE’S FIRST suffered interference. The source of this interference was ILLUMAWAY which, when hanging in, came into the running line of D’AMORE’S FIRST. That horse galloped and drifted through the field as a consequence of contact between leg and cart. The chances and progress of D’AMORE’S FIRST were clearly affected. In these circumstances we exercise our discretion and relegate ILLUMAWAY to behind D’AMORE’S FIRST.

Amended placings are:

1^st        12 DOUBLE TRAP

2^nd        14 NATURAL FLAME

3^rd        7 EXCEED AND EXCEL

4^th        10 HOGWART’S EXPRESS

G  Hall                         D Steel

Chairman                    Committee Member

14137

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hearing_type: Old Hearing

Rules: 869(8)(b)

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StipendSteward:

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race_title: R 6

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meetdate: 17/06/2010

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name: Forbury Park TC