Forbury Park TC – 8 March 2007 – Race 4
ID: JCA22795
Hearing Type (Code):
harness-racing
Meet Title:
Forbury Park TC - 8 March 2007
Race Date:
2007/03/08
Race Number:
Race 4
Decision:
After Race 4 Mr White, trainer of CLOVELLY BEACH and CHARLIE HORSE placed 2nd and 3rd respectively by the Judge, protested against the 1st placing of ANOTHERCHRISTIAN
After Race 4 Mr White, trainer of CLOVELLY BEACH and CHARLIE HORSE placed 2nd and 3rd respectively by the Judge, protested against the 1st placing of ANOTHERCHRISTIAN on the grounds of interference to both horses with approximately 1000 metres to run. He sought relegation of ANOTHERCHRISTIAN to behind CLOVELLY BEACH or CHARLIE HORSE in accordance with Rule 869(8)(a) and (b). Judge's placings were 3, 1, 13, 9, 8, 4. Margins were a head, 1/2 length and 1/2 a length.
--Mr White demonstrated on the video that with approximately 1000 metres to run ANOTHERCHRISTIAN broke allegedly causing interference to CLOVELLY BEACH and CHARLIE HORSE. He stated that both horses were inconvenienced and that each had had "to work overtime" because of the incident. Mr Woodward, driver of CHARLIE HORSE stated that he was forced to race wider on the track as a consequence of ANOTHERCHRISTIAN breaking. Mr Gray, driver of CLOVELLY BEACH said he had to take evasive action and that the wheels of the carts of his horse and ANOTHERCHRISTIAN had become locked for some 50 metres because of the incident. Mr Ussher, owner of CLOVELLY BEACH came into the room during the protest. He indicated he did not wish to add to what Mr White had said. In a final comment Mr Woodward stated ANOTHERCHRISTIAN had disrupted the whole field.
--Mr Smith, who was assisted by Mr Suddaby after the adjournment, stated that ANOTHERCHRISTIAN had broken free of interference and he had restrained his horse as best he could in the circumstances. He said he had not forced CHARLIE HORSE wider on the track. He acknowledged the locking of wheels but said this was because of downwards pressure from CHARLIE HORSE on his outside rather than because of any inwards movement from his breaking horse. He said he was pushed onto CLOVELLY BEACH by CHARLIE HORSE and that, had the placings been different, he would have protested against CHARLIE HORSE. Mr Suddaby described the incident in similar terms to Mr Smith. Mrs McManus, owner of ANOTHERCHRISTIAN, was present and said she believed the horse broke because of a reflection from the lens of the camera being held by a photographer at the winning post. It was not possible to confirm or refute this.
--Mr Allison, stipendiary steward, was called upon to give evidence as an expert witness. He stated that in essence he agreed with the description of the incident given by Mr Smith. He said that CHARLIE HORSE had moved out into the 3 wide line prior to ANOTHERCHRISTIAN breaking and that the horse had simply continued with its run. He added that if CHARLIE HORSE had continued on to the parked position and ANOTHERCHRISTIAN maintained the front (he did not expect that Mr Smith would have handed up to Mr Woodward), CHARLIE HORSE would have had a much harder run than he did by getting to the front and being able to set the pace for the remainder of the race. Finishing as close up as CHARLIE HORSE did may not have been so assured had he remained parked. Secondly, with respect to CLOVELLY BEACH it was clear that ANOTHERCHRISTIAN and CLOVELLY BEACH had locked wheels. In his view this was as a result of tightening from the horse racing 3 wide which was CHARLIE HORSE. He said CLOVELLY BEACH had not lost ground and in fact might have "got a breather" before continuing to run on in the trail. When questioned by Mr White as to the distance ANOTHERCHRISTIAN had galloped, he said it was clearly not in excess of 150 metres.
--I am satisfied that ANOTHERCHRISTIAN broke free of interference. Mr Smith took appropriate measures to restrain his horse. At that time CHARLIE HORSE was already racing 3 wide. CHARLIE HORSE did not move out significantly, other than the distance that a prudent driver, such as Mr Woodward, would give to a horse in a break on his inner. CHARLIE HORSE continued to race 3 wide and successfully progressed around the breaking ANOTHERCHRISTIAN to take the lead. In so doing CHARLIE HORSE placed inwards pressure on ANOTHERCHRISTIAN which resulted in that horse and CLOVELLY BEACH locking wheels and continuing in this fashion for some 40 metres.
--I do not believe the chances or progress of either CLOVELLY BEACH or CHARLIE HORSE were interfered with as a consequence of ANOTHERCHRISTIAN breaking. CLOVELLY BEACH continued in the trail and CHARLIE HORSE continued its 3 wide run and worked to the lead. Nor do I believe that ANOTHERCHRISTIAN gained an advantage through breaking in this incident. In fact the horse was hampered by the locking of wheels with CLOVELLY BEACH as a consequence of the pressure from CHARLIE HORSE. In these circumstances I exercise my discretion and dismiss the protest. Placings are as called by the Judge.
--An oral decision was unable to be delivered as a consequence of Mr White storming out of the room when the result of the protest was announced.
--There was some delay before the protest commenced. I was later informed by the stipendiary steward that this was due to drivers viewing the video of this incident and also another in the home straight near the finish. These drivers did not believe their chances had been affected. The authorisation of the place dividends on the 2nd and 3rd horses was delayed because the Registrar had left the room to organise drivers to warm up the horses of those drivers involved in the protest. The protest was further hampered by the fact that the speaker in the room was jammed on full volume and the on-course announcements drowned out the evidence of the parties. Other than ripping the cord of the speaker from the wall, there was nothing to be done. The chief executive of the club has undertaken to remedy the matter before the next meeting. The hearing was adjourned, part heard, before the commencement of race 5 as a number of the drivers in the room had engagements in that race and also the stipendiary steward indicated he wished to view the race from the grandstand. The hearing recommenced upon the conclusion of that race.
--G Hall
--Chairman
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: febaf42d6d0630ad38308f5ea884f549
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/03/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Forbury Park TC - 8 March 2007 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
After Race 4 Mr White, trainer of CLOVELLY BEACH and CHARLIE HORSE placed 2nd and 3rd respectively by the Judge, protested against the 1st placing of ANOTHERCHRISTIAN
After Race 4 Mr White, trainer of CLOVELLY BEACH and CHARLIE HORSE placed 2nd and 3rd respectively by the Judge, protested against the 1st placing of ANOTHERCHRISTIAN on the grounds of interference to both horses with approximately 1000 metres to run. He sought relegation of ANOTHERCHRISTIAN to behind CLOVELLY BEACH or CHARLIE HORSE in accordance with Rule 869(8)(a) and (b). Judge's placings were 3, 1, 13, 9, 8, 4. Margins were a head, 1/2 length and 1/2 a length.
--Mr White demonstrated on the video that with approximately 1000 metres to run ANOTHERCHRISTIAN broke allegedly causing interference to CLOVELLY BEACH and CHARLIE HORSE. He stated that both horses were inconvenienced and that each had had "to work overtime" because of the incident. Mr Woodward, driver of CHARLIE HORSE stated that he was forced to race wider on the track as a consequence of ANOTHERCHRISTIAN breaking. Mr Gray, driver of CLOVELLY BEACH said he had to take evasive action and that the wheels of the carts of his horse and ANOTHERCHRISTIAN had become locked for some 50 metres because of the incident. Mr Ussher, owner of CLOVELLY BEACH came into the room during the protest. He indicated he did not wish to add to what Mr White had said. In a final comment Mr Woodward stated ANOTHERCHRISTIAN had disrupted the whole field.
--Mr Smith, who was assisted by Mr Suddaby after the adjournment, stated that ANOTHERCHRISTIAN had broken free of interference and he had restrained his horse as best he could in the circumstances. He said he had not forced CHARLIE HORSE wider on the track. He acknowledged the locking of wheels but said this was because of downwards pressure from CHARLIE HORSE on his outside rather than because of any inwards movement from his breaking horse. He said he was pushed onto CLOVELLY BEACH by CHARLIE HORSE and that, had the placings been different, he would have protested against CHARLIE HORSE. Mr Suddaby described the incident in similar terms to Mr Smith. Mrs McManus, owner of ANOTHERCHRISTIAN, was present and said she believed the horse broke because of a reflection from the lens of the camera being held by a photographer at the winning post. It was not possible to confirm or refute this.
--Mr Allison, stipendiary steward, was called upon to give evidence as an expert witness. He stated that in essence he agreed with the description of the incident given by Mr Smith. He said that CHARLIE HORSE had moved out into the 3 wide line prior to ANOTHERCHRISTIAN breaking and that the horse had simply continued with its run. He added that if CHARLIE HORSE had continued on to the parked position and ANOTHERCHRISTIAN maintained the front (he did not expect that Mr Smith would have handed up to Mr Woodward), CHARLIE HORSE would have had a much harder run than he did by getting to the front and being able to set the pace for the remainder of the race. Finishing as close up as CHARLIE HORSE did may not have been so assured had he remained parked. Secondly, with respect to CLOVELLY BEACH it was clear that ANOTHERCHRISTIAN and CLOVELLY BEACH had locked wheels. In his view this was as a result of tightening from the horse racing 3 wide which was CHARLIE HORSE. He said CLOVELLY BEACH had not lost ground and in fact might have "got a breather" before continuing to run on in the trail. When questioned by Mr White as to the distance ANOTHERCHRISTIAN had galloped, he said it was clearly not in excess of 150 metres.
--I am satisfied that ANOTHERCHRISTIAN broke free of interference. Mr Smith took appropriate measures to restrain his horse. At that time CHARLIE HORSE was already racing 3 wide. CHARLIE HORSE did not move out significantly, other than the distance that a prudent driver, such as Mr Woodward, would give to a horse in a break on his inner. CHARLIE HORSE continued to race 3 wide and successfully progressed around the breaking ANOTHERCHRISTIAN to take the lead. In so doing CHARLIE HORSE placed inwards pressure on ANOTHERCHRISTIAN which resulted in that horse and CLOVELLY BEACH locking wheels and continuing in this fashion for some 40 metres.
--I do not believe the chances or progress of either CLOVELLY BEACH or CHARLIE HORSE were interfered with as a consequence of ANOTHERCHRISTIAN breaking. CLOVELLY BEACH continued in the trail and CHARLIE HORSE continued its 3 wide run and worked to the lead. Nor do I believe that ANOTHERCHRISTIAN gained an advantage through breaking in this incident. In fact the horse was hampered by the locking of wheels with CLOVELLY BEACH as a consequence of the pressure from CHARLIE HORSE. In these circumstances I exercise my discretion and dismiss the protest. Placings are as called by the Judge.
--An oral decision was unable to be delivered as a consequence of Mr White storming out of the room when the result of the protest was announced.
--There was some delay before the protest commenced. I was later informed by the stipendiary steward that this was due to drivers viewing the video of this incident and also another in the home straight near the finish. These drivers did not believe their chances had been affected. The authorisation of the place dividends on the 2nd and 3rd horses was delayed because the Registrar had left the room to organise drivers to warm up the horses of those drivers involved in the protest. The protest was further hampered by the fact that the speaker in the room was jammed on full volume and the on-course announcements drowned out the evidence of the parties. Other than ripping the cord of the speaker from the wall, there was nothing to be done. The chief executive of the club has undertaken to remedy the matter before the next meeting. The hearing was adjourned, part heard, before the commencement of race 5 as a number of the drivers in the room had engagements in that race and also the stipendiary steward indicated he wished to view the race from the grandstand. The hearing recommenced upon the conclusion of that race.
--G Hall
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 35e999990b22becc07d98e9049696641
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f2cf4c869eb0b71cc00930b538a4374a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/03/2007
meet_title: Forbury Park TC - 8 March 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Forbury Park TC