Archive Decision

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Forbury Park TC – 26 January 2006 – Race 8

ID: JCA21371

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Forbury Park TC - 26 January 2006

Race Date:
2006/01/26

Race Number:
Race 8

Decision: --

Following the running of Race 8 an information was filed by Stipendiary Steward Mr CJ Allison, against open horseman Mr AS Malcolmson alleging that Mr Malcolmson as the driver of EVERTON STAR moved inwards with approximately 2400 metres to run when insufficiently clear of Mr AJ Suddaby, driver of JC's STARBUCK



--

DECISION AND REASON:

--

Following the running of Race 8 an information was filed by Stipendiary Steward Mr CJ Allison, against open horseman Mr AS Malcolmson alleging that Mr Malcolmson as the driver of EVERTON STAR moved inwards with approximately 2400 metres to run when insufficiently clear of Mr AJ Suddaby, driver of JC's STARBUCK forcing that runner over several pylons.

--

Mr Allison requested that Stipendiary Steward Mr Knowles, replay and explain relevant video footage of the incident. Mr Knowles showed several camera angles of the incident. The side-on view shows the front legs of Mr Suddaby's horse clearly up on the inside of Mr Malcolmson's cart, however, it is unclear from this view where Mr Suddaby's horse is in relation to the marker posts.

--

EVERTON STAR had been in the process of being restrained by Mr Malcolmson to take up a trailing position behind the leading horse having unsuccessfully tried for the lead.

--

Mr Knowles showed the back straight camera footage which shows Mr Suddaby's horse striking two marker posts when attempting to improve his position on the inside of Mr Malcolmson.

--

Mr Knowles gave further evidence that from his position in the patrol box at the top of the straight he had a clear view of the incident and that he had heard Mr Suddaby call out to Mr Malcolmson to keep out.

--

Mr Suddaby gave evidence to the effect that he felt he was entitled to take up the position he was attempting to move into and he had called out to Mr Malcolmson.

--

Mr Malcolmson gave evidence that he was restraining his horse into a trailing position behind the leader and that he was in fact in that position when he saw Mr Suddaby attempting to improve up on the inside of his horse. Mr Malcolmson stated that it was in fact him that called out to Mr Suddaby to get out of where he was.

--

The back straight camera angle of the incident does give weight to Mr Malcolmson's submission that he was in fact already trailing the leader at the time of the incident.

--

Reviewing the video angles, it is clear that JC's STARBUCK has to be restrained to a three back trailing position, however, does not lose any other ground. Considering also the fact that the incident occurred with approximately 2400 metres still to run JC's STARBUCK's chances were not significantly affected.

--

Decision:

--

The earlier protest lodged in relation to this incident had been dismissed on the ground that evidence produced had been inconclusive. Further evidence produced at this subsequent hearing has failed to establish in our mind any further matters, which would indicate that the charge against Mr Malcolmson should be upheld.

--

We are particularly swayed by the back straight camera angle which clearly supports Mr Malcolmson's claim that he was on the back of the leader and that Mr Suddaby was not inside him at this point.

--

Accordingly the charge is dismissed.

JCA Decision Fields (raw)

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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: 9a7dc4ce7c1746b9894668bc18f8c9b9


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 26/01/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Forbury Park TC - 26 January 2006 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 8 an information was filed by Stipendiary Steward Mr CJ Allison, against open horseman Mr AS Malcolmson alleging that Mr Malcolmson as the driver of EVERTON STAR moved inwards with approximately 2400 metres to run when insufficiently clear of Mr AJ Suddaby, driver of JC's STARBUCK



--

DECISION AND REASON:

--

Following the running of Race 8 an information was filed by Stipendiary Steward Mr CJ Allison, against open horseman Mr AS Malcolmson alleging that Mr Malcolmson as the driver of EVERTON STAR moved inwards with approximately 2400 metres to run when insufficiently clear of Mr AJ Suddaby, driver of JC's STARBUCK forcing that runner over several pylons.

--

Mr Allison requested that Stipendiary Steward Mr Knowles, replay and explain relevant video footage of the incident. Mr Knowles showed several camera angles of the incident. The side-on view shows the front legs of Mr Suddaby's horse clearly up on the inside of Mr Malcolmson's cart, however, it is unclear from this view where Mr Suddaby's horse is in relation to the marker posts.

--

EVERTON STAR had been in the process of being restrained by Mr Malcolmson to take up a trailing position behind the leading horse having unsuccessfully tried for the lead.

--

Mr Knowles showed the back straight camera footage which shows Mr Suddaby's horse striking two marker posts when attempting to improve his position on the inside of Mr Malcolmson.

--

Mr Knowles gave further evidence that from his position in the patrol box at the top of the straight he had a clear view of the incident and that he had heard Mr Suddaby call out to Mr Malcolmson to keep out.

--

Mr Suddaby gave evidence to the effect that he felt he was entitled to take up the position he was attempting to move into and he had called out to Mr Malcolmson.

--

Mr Malcolmson gave evidence that he was restraining his horse into a trailing position behind the leader and that he was in fact in that position when he saw Mr Suddaby attempting to improve up on the inside of his horse. Mr Malcolmson stated that it was in fact him that called out to Mr Suddaby to get out of where he was.

--

The back straight camera angle of the incident does give weight to Mr Malcolmson's submission that he was in fact already trailing the leader at the time of the incident.

--

Reviewing the video angles, it is clear that JC's STARBUCK has to be restrained to a three back trailing position, however, does not lose any other ground. Considering also the fact that the incident occurred with approximately 2400 metres still to run JC's STARBUCK's chances were not significantly affected.

--

Decision:

--

The earlier protest lodged in relation to this incident had been dismissed on the ground that evidence produced had been inconclusive. Further evidence produced at this subsequent hearing has failed to establish in our mind any further matters, which would indicate that the charge against Mr Malcolmson should be upheld.

--

We are particularly swayed by the back straight camera angle which clearly supports Mr Malcolmson's claim that he was on the back of the leader and that Mr Suddaby was not inside him at this point.

--

Accordingly the charge is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4beb8f02bee99b8e2ad67af0e14b99a1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


submittochair:


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meetid: bd3409600ab5469d0be74533a24c4901


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/01/2006


meet_title: Forbury Park TC - 26 January 2006


meet_expappcomment:


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


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name: Forbury Park TC