Forbury Park TC 16 August 2012 – R 6 (instigating a protest)
ID: JCA18195
Meet Title:
Forbury Park TC - 16 August 2012
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2012/08/16
Race Number:
R2
Decision:
Despite the fact there was interference, it was close to the line and having regard to the respective momentum of MISS MILWAUKEE and BLACKLEUGH we are not satisfied that MISS MILWAUKEE would have beaten BLACKLEUGH.
In these circumstances we exercise our discretion and dismiss the protest.
Placings are as called by the Judge.
Stakes and dividends are to be paid accordingly.
Facts:
Mr Allison, stipendiary steward, alleged that BLACKLEUGH placed 3rd by the Judge interfered with the chances of MISS MILWAUKEE in that over the final stages BLACKLEUGH (M Williamson) shifted ground inwards impeding MISS MILWAUKEE.
Judge’s placings were:
1ST 3 LEIF ERIKSON
2ND 5 SPEAK UP
3RD 6 BLACKLEUGH
4TH 4 MISS MILWAUKEE
The margin between 3rd and 4th was a neck.
The two junior drivers involved, Messrs Close and Williamson, both indicated that they did not require the assistance of senior horsemen.
Submissions for Decision:
Mr Allison demonstrated on the video that MISS MILWAUKEE ran out of room some 20 metres from the winning post. He demonstrated that Mr Close had angled into the gap between BLACKLEUGH and HIGHLY DELIGHTED and was in the gap when he was hindered by inwards movement from BLACKLEUGH.
Mr Allison also demonstrated that BLACKLEUGH and MISS MILWAUKEE had come very close some 50 metres from the winning post. The main interference, he emphasised, was perhaps 15 to 20 metres from the line.
Mr Close stated that when BLACKLEUGH and MISS MILWAUKEE first came close he did not have to stop driving and he did not believe his chances were affected at this point. He said the interference closer to the winning post required him to take a hold of his horse. He stated the movement was from his outside and not from his inner. When questioned by Mr Allison as to whether he believed he would have beaten BLACKLEUGH, he said he did not believe he would have done so as the interference was so close to the line.
Ms Hoffman stated that she agreed with Mr Close’s assessment of the incident.
Mr Allison stated he had no further submissions.
We did not call upon Mr Negus or Mr Williamson.
Reasons for Decision:
We accept that the first incident did not impede the progress or chances of MISS MILWAUKEE as Mr Close has clearly stated that he did not have to stop driving his horse and there has been no evidence that the horse became unbalanced or the like.
It is clear that Mr Close had to stop driving MISS MILWAUKEE some 20 metres from the line and that that horse came close to locking wheels with BLACKLEUGH some 10 metres from the post. Although the margin was a neck, both Mr Close and Ms Hoffman accept that MISS MILWAUKEE was not making ground sufficiently quickly on BLACKLEUGH to state confidently that MISS MILWAUKEE would have finished ahead of BLACKLEUGH.
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: f979928058e2beb496d3a931d17422ff
informantnumber: A1310
horsename: BLACKLEUGH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/07/2012
hearing_title: Forbury Park TC 16 August 2012 - R 6 (instigating a protest)
charge:
facts:
Mr Allison, stipendiary steward, alleged that BLACKLEUGH placed 3rd by the Judge interfered with the chances of MISS MILWAUKEE in that over the final stages BLACKLEUGH (M Williamson) shifted ground inwards impeding MISS MILWAUKEE.
Judge’s placings were:
1ST 3 LEIF ERIKSON
2ND 5 SPEAK UP
3RD 6 BLACKLEUGH
4TH 4 MISS MILWAUKEE
The margin between 3rd and 4th was a neck.
The two junior drivers involved, Messrs Close and Williamson, both indicated that they did not require the assistance of senior horsemen.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the video that MISS MILWAUKEE ran out of room some 20 metres from the winning post. He demonstrated that Mr Close had angled into the gap between BLACKLEUGH and HIGHLY DELIGHTED and was in the gap when he was hindered by inwards movement from BLACKLEUGH.
Mr Allison also demonstrated that BLACKLEUGH and MISS MILWAUKEE had come very close some 50 metres from the winning post. The main interference, he emphasised, was perhaps 15 to 20 metres from the line.
Mr Close stated that when BLACKLEUGH and MISS MILWAUKEE first came close he did not have to stop driving and he did not believe his chances were affected at this point. He said the interference closer to the winning post required him to take a hold of his horse. He stated the movement was from his outside and not from his inner. When questioned by Mr Allison as to whether he believed he would have beaten BLACKLEUGH, he said he did not believe he would have done so as the interference was so close to the line.
Ms Hoffman stated that she agreed with Mr Close’s assessment of the incident.
Mr Allison stated he had no further submissions.
We did not call upon Mr Negus or Mr Williamson.
reasonsfordecision:
We accept that the first incident did not impede the progress or chances of MISS MILWAUKEE as Mr Close has clearly stated that he did not have to stop driving his horse and there has been no evidence that the horse became unbalanced or the like.
It is clear that Mr Close had to stop driving MISS MILWAUKEE some 20 metres from the line and that that horse came close to locking wheels with BLACKLEUGH some 10 metres from the post. Although the margin was a neck, both Mr Close and Ms Hoffman accept that MISS MILWAUKEE was not making ground sufficiently quickly on BLACKLEUGH to state confidently that MISS MILWAUKEE would have finished ahead of BLACKLEUGH.
Decision:
Despite the fact there was interference, it was close to the line and having regard to the respective momentum of MISS MILWAUKEE and BLACKLEUGH we are not satisfied that MISS MILWAUKEE would have beaten BLACKLEUGH.
In these circumstances we exercise our discretion and dismiss the protest.
Placings are as called by the Judge.
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4), (8)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms A Hoffman - Licensed Trainer representing the connections of MISS MILWAUKEE, Mr R Close - Junior Driver of MISS MILWAUKEE
Respondent: Mr B Negus - Licensed Trainer of BLACKLEUGH, Mr M Williamson - Junior Driver of BLACKLEUGH
StipendSteward:
raceid: 0f0fbb539fe6f10f7bb1dcea7b2c4ad1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a01fd35e148e29b7795b4bc067cab775
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/08/2012
meet_title: Forbury Park TC - 16 August 2012
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