Forbury Park TC – 14 October 2004 –

Mr Knowles, stipendiary steward, after race 10 laid an information instigating a protest alleging that contrary to rule 869(4) & (8) WHITE ARROW, with some 1400 metres to run, shifted ground inwards, checking Mr Jones, resulting in his horse HALF CROWN breaking and losing its chances. Mr Knowles sought the disqualification of WHITE ARROW.

Mr Knowles demonstrated on the head, side on and trackside videos that in the back straight Mr Higgs had moved up alongside HALF CROWN looking for the lead. Over a distance, which he assessed as being between 80 to 100 metres, he had gradually tightened HALF CROWN forcing that horse onto a pylon and ultimately to break. Mr McIntyre, who was in the tower at the end of the back straight, gave evidence to similar effect. He said that Mr Higgs was not fully past when, as the horses approached the bend nearest him, WHITE ARROW moved in resulting in Mr Jones running out of room and his horse breaking.

Mr Jones gave evidence stating that he had yelled out to Mr Higgs when that driver moved up alongside that he was not going to give up the lead. He said that Mr Higgs made no attempt to keep off and that HALF CROWN had hit a couple of markers. He added it was lucky his horse did not fall as Mr Higgs had come in under his horse when only 1/2 a length ahead. There was contact, he said, between the cart of WHITE ARROW and the legs of HALF CROWN.

Mr Higgs stated that Mr Jones had not called out until after the incident when he received "an earful" from Mr Jones. He stated he was driving "the hotpot" and had "done enough to earn the lead". A driver of Mr Jones' experience should have realised he had been fairly crossed and should have conceded the lead. He said he thought Mr Jones had wanted him to work hard for the lead and that Mr Jones had more than enough time to pull back.

In summing up, Mr Knowles said it was clear that Mr Higgs was not sufficiently clear when he moved across. He added that there was gradual inwards movement over a considerable distance. Mr Jones was under no obligation to pull back.

I find WHITE ARROW interfered with the progress and the chances of HALF CROWN by crossing that horse when not sufficiently clear. The cart of WHITE ARROW came into contact with the legs of HALF CROWN causing that horse to break and drift back through the field losing some 5 to 6 lengths before settling. Three horses were required to shift out to move past the breaking HALF CROWN, with that horse eventually settling three back on the inner. In exercising my discretion and disqualifying WHITE ARROW I find that the chances of HALF CROWN, which finished 10^th, were severely affected and the chances of three other runners were affected to a lesser degree.