Forbury Park TC 18 July 2013 – R 8 (instigating a protest)
ID: JCA14461
Meet Title:
Forbury Park TC - 18 July 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/07/18
Race Number:
R 8
Decision:
Amended placings are:
1st 4 ELUSIVE FLIGHT
2ND 3 MACKENZIE JACOB
3RD 6 ROCK OF TARA
4TH 7 JACCKA OPIE
5TH 2 TANGO LADY
Dividends and stakes are to be paid accordingly.
Facts:
Mr Renault alleged that in race 8, the Arty Bloxham Transport Handicap Pace, horse number 7 JACCKA OPIE (Mr M Kerr) or its driver placed 1st by the judge interfered with the chances of horse number 6, ROCK OF TARA (Mr M Williamson), placed 4th by the judge. Mr Renault alleged that interference occurred in the run home when JACCKA OPIE shifted ground outwards onto ROCK OF TARA.
Judge’s placings were:
1st 7 JACCKA OPIE
2nd 4 ELUSIVE FLIGHT
3RD 3 MACKENZIE JACOB
4TH 6 ROCK OF TARA
5TH 2 TANGO LADY
Margins were: head; ½ a head; neck; 2 1/4 L.
Rule 869(8) states
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Submissions for Decision:
Mr Renault demonstrated on the videos that JACCKA OPIE, Mr Kerr, which was the leading horse into the straight, had moved out some 2 cart widths by the time it reached the winning post. He emphasised that the obligation of the driver of JACCKA OPIE was to keep a straight line.
At about the 200 metres point, the horse immediately to the outside of JACCKA OPIE, XMAS IN NEW YORK dropped away and ELUSIVE FLIGHT ran on but was 3 wide. ROCK OF TARA went for a run outside JACCKA OPIE and inside ELUSIVE FLIGHT when that gap closed some 20 metres or so from the winning post. Mr Renault demonstrated that the inside wheel of the cart of ROCK OF TARA was behind JACCKA OPIE’s outside wheel and there was no way that there was room for ROCK OF TARA to progress. Mr Williamson had thus been forced to stop driving at this point. He emphasised there was a run for ROCK OF TARA and things had become tight as a consequence of Mr Kerr running out.
Mr D Dunn, the driver of ELUSIVE FLIGHT, gave evidence that he was outside ROCK OF TARA in the run to the winning post and that he had “kept a pretty straight line”. He said, however, it had become tight at the line.
Mr Williamson, the driver of ROCK OF TARA, stated that he had run out of room and had had to take a hold of his horse about 20 metres out. He said the pressure was from his inside and in his view JACCKA OPIE had run out 2 cart widths. He stated he believed that his horse was finishing off the race well, but it was a lazy horse and he would have finished in a better placing, he thought 3rd, had he been able to drive his horse out.
Mr Knight, the trainer of ROCK OF TARA, stated the videos were clear. ROCK OF TARA had received interference from JACCKA OPIE as a consequence of that horse failing to keep a straight line in the home straight and moving wider on the track. Mr Williamson, who had been denied the run to which he was entitled, had to take hold, and this cost ROCK OF TARA the chance of at least 3rd placing, if not better. He said the interference occurred at a crucial time and he emphasised the margin between 3rd and 4th was only a neck. He concluded by stating that ROCK OF TARA would have beaten MACKENZIE JACOB by more than the neck margin had there not been interference.
Mr Kerr, the driver of JACCKA OPIE, stated that he accepted he had drifted out about 1 ½ cart widths in the home straight. However, he believed Mr Williamson had had every opportunity to beat his horse but had not been good enough. He said ROCK OF TARA had had the whole of the home straight to do this and, in particular, he did not think the horse would have run 3rd. There had been general tightening and the interference to ROCK OF TARA was not due to the outwards movement from JACCKA OPIE. He also stated he believed the interference was closer to 10 to 12 metres from the line rather than the 20 that had been alleged.
Mr J Dunn assisted Mr Kerr and said in his view ROCK OF TARA was never going to run 3rd. He accepted JACCKA OPIE had run out, but he believed Mr Cox was holding 3rd easily. He added he believed JACCKA OPIE had run straight for the last 50 metres of the race.
Mr Renault, in summing up, said he believed Mr Kerr had further shifted ground outwards over the final stages of the race. He said Mr Kerr’s wheel was clearly in front of that of Mr Williamson, who had run out of room and had been denied the opportunity of a better finishing position.
Mr J Dunn responded that he did not believe Mr Williamson had slowed that much in the last 20 metres. He also believed Mr D Dunn was angling in.
Reasons for Decision:
The issue for us of course is not whether ROCK OF TARA would have beaten JACCKA OPIE but whether the chances of ROCK OF TARA finishing in a better position have been affected. Mr Williamson’s evidence is clear that he had to take hold of ROCK OF TARA some 20 metres from the line and he was unable to drive the horse out. This evidence is supported by Mr Knight, and by the video, which shows ROCK OF TARA running out of room and the left wheel of its cart being immediately behind the right wheel of the cart of JACCKA OPIE.
Mr Kerr, supported by Mr J Dunn, said the incident was due to general tightening. We find that ELUSIVE FLIGHT did move down on the track but this was right at the winning post as that horse, which was the widest runner on the track, was approaching the bend. We do not believe this was a factor in the earlier interference suffered by ROCK OF TARA. We also find that Mr Cox, driving MACKENZIE JACOB, did move outwards but this was as a consequence of that horse following JACCKA OPIE wider on the track. Significantly, we do not believe that JACCKA OPIE was dictated to by MACKENZIE JACOB. Mr Kerr never alleged that he was forced wider on the track because of outwards movement from Mr Cox. And our viewing of the video evidence confirms this to be correct. On the one occasion that the carts of MACKENZIE JACOB and JACCKA OPIE become quite close, Mr Cox can be seen to take immediate corrective action. There was never contact between the two carts. At the time ROCK OF TARA runs out of room there is a gap between the carts of JACCKA OPIE and MACKENZIE JACOB and a gap between the carts of ELUSIVE FLIGHT and ROCK OF TARA.
The outwards movement of JACCKA OPIE commences early in the run home and we would assess this movement as being 1 ½ to 2 cart widths as that horse progresses up the straight. There was a run between JACCKA OPIE and ELUSIVE FLIGHT, which ROCK OF TARA was entitled to take. ROCK OF TARA was in the gap when JACCKA OPIE continues to drift wider on the track. It is this movement that causes interference to ROCK OF TARA and impedes the progress of that horse at a significant point in the race. It is some 20 to 25 metres from the winning post (not 10 to 12 metres as Mr Kerr alleges) and Mr Williamson has to take a hold of ROCK OF TARA. That horse loses momentum and is unable to progress forward because a wheel of its cart is behind that of JACCKA OPIE. The margin between 3rd and 4th, ie between ROCK OF TARA and MACKENZIE JACOB is only a neck. Mr Knight is adamant that this interference cost ROCK OF TARA 3rd and Mr Williamson is also of that view. This conclusion is supported by the video evidence, which demonstrates that ROCK OF TARA was still running on at the time it suffered the interference from JACCKA OPIE. We thus exercise our discretion under r 869(8)(b) and relegate JACCKA OPIE to behind ROCK OF TARA.
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: 867315e0698981f27652312eb5587aa3
informantnumber: 1828
horsename: JACCKA OPIE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/07/2013
hearing_title: Forbury Park TC 18 July 2013 - R 8 (instigating a protest)
charge:
facts:
Mr Renault alleged that in race 8, the Arty Bloxham Transport Handicap Pace, horse number 7 JACCKA OPIE (Mr M Kerr) or its driver placed 1st by the judge interfered with the chances of horse number 6, ROCK OF TARA (Mr M Williamson), placed 4th by the judge. Mr Renault alleged that interference occurred in the run home when JACCKA OPIE shifted ground outwards onto ROCK OF TARA.
Judge’s placings were:
1st 7 JACCKA OPIE
2nd 4 ELUSIVE FLIGHT
3RD 3 MACKENZIE JACOB
4TH 6 ROCK OF TARA
5TH 2 TANGO LADY
Margins were: head; ½ a head; neck; 2 1/4 L.
Rule 869(8) states
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that JACCKA OPIE, Mr Kerr, which was the leading horse into the straight, had moved out some 2 cart widths by the time it reached the winning post. He emphasised that the obligation of the driver of JACCKA OPIE was to keep a straight line.
At about the 200 metres point, the horse immediately to the outside of JACCKA OPIE, XMAS IN NEW YORK dropped away and ELUSIVE FLIGHT ran on but was 3 wide. ROCK OF TARA went for a run outside JACCKA OPIE and inside ELUSIVE FLIGHT when that gap closed some 20 metres or so from the winning post. Mr Renault demonstrated that the inside wheel of the cart of ROCK OF TARA was behind JACCKA OPIE’s outside wheel and there was no way that there was room for ROCK OF TARA to progress. Mr Williamson had thus been forced to stop driving at this point. He emphasised there was a run for ROCK OF TARA and things had become tight as a consequence of Mr Kerr running out.
Mr D Dunn, the driver of ELUSIVE FLIGHT, gave evidence that he was outside ROCK OF TARA in the run to the winning post and that he had “kept a pretty straight line”. He said, however, it had become tight at the line.
Mr Williamson, the driver of ROCK OF TARA, stated that he had run out of room and had had to take a hold of his horse about 20 metres out. He said the pressure was from his inside and in his view JACCKA OPIE had run out 2 cart widths. He stated he believed that his horse was finishing off the race well, but it was a lazy horse and he would have finished in a better placing, he thought 3rd, had he been able to drive his horse out.
Mr Knight, the trainer of ROCK OF TARA, stated the videos were clear. ROCK OF TARA had received interference from JACCKA OPIE as a consequence of that horse failing to keep a straight line in the home straight and moving wider on the track. Mr Williamson, who had been denied the run to which he was entitled, had to take hold, and this cost ROCK OF TARA the chance of at least 3rd placing, if not better. He said the interference occurred at a crucial time and he emphasised the margin between 3rd and 4th was only a neck. He concluded by stating that ROCK OF TARA would have beaten MACKENZIE JACOB by more than the neck margin had there not been interference.
Mr Kerr, the driver of JACCKA OPIE, stated that he accepted he had drifted out about 1 ½ cart widths in the home straight. However, he believed Mr Williamson had had every opportunity to beat his horse but had not been good enough. He said ROCK OF TARA had had the whole of the home straight to do this and, in particular, he did not think the horse would have run 3rd. There had been general tightening and the interference to ROCK OF TARA was not due to the outwards movement from JACCKA OPIE. He also stated he believed the interference was closer to 10 to 12 metres from the line rather than the 20 that had been alleged.
Mr J Dunn assisted Mr Kerr and said in his view ROCK OF TARA was never going to run 3rd. He accepted JACCKA OPIE had run out, but he believed Mr Cox was holding 3rd easily. He added he believed JACCKA OPIE had run straight for the last 50 metres of the race.
Mr Renault, in summing up, said he believed Mr Kerr had further shifted ground outwards over the final stages of the race. He said Mr Kerr’s wheel was clearly in front of that of Mr Williamson, who had run out of room and had been denied the opportunity of a better finishing position.
Mr J Dunn responded that he did not believe Mr Williamson had slowed that much in the last 20 metres. He also believed Mr D Dunn was angling in.
reasonsfordecision:
The issue for us of course is not whether ROCK OF TARA would have beaten JACCKA OPIE but whether the chances of ROCK OF TARA finishing in a better position have been affected. Mr Williamson’s evidence is clear that he had to take hold of ROCK OF TARA some 20 metres from the line and he was unable to drive the horse out. This evidence is supported by Mr Knight, and by the video, which shows ROCK OF TARA running out of room and the left wheel of its cart being immediately behind the right wheel of the cart of JACCKA OPIE.
Mr Kerr, supported by Mr J Dunn, said the incident was due to general tightening. We find that ELUSIVE FLIGHT did move down on the track but this was right at the winning post as that horse, which was the widest runner on the track, was approaching the bend. We do not believe this was a factor in the earlier interference suffered by ROCK OF TARA. We also find that Mr Cox, driving MACKENZIE JACOB, did move outwards but this was as a consequence of that horse following JACCKA OPIE wider on the track. Significantly, we do not believe that JACCKA OPIE was dictated to by MACKENZIE JACOB. Mr Kerr never alleged that he was forced wider on the track because of outwards movement from Mr Cox. And our viewing of the video evidence confirms this to be correct. On the one occasion that the carts of MACKENZIE JACOB and JACCKA OPIE become quite close, Mr Cox can be seen to take immediate corrective action. There was never contact between the two carts. At the time ROCK OF TARA runs out of room there is a gap between the carts of JACCKA OPIE and MACKENZIE JACOB and a gap between the carts of ELUSIVE FLIGHT and ROCK OF TARA.
The outwards movement of JACCKA OPIE commences early in the run home and we would assess this movement as being 1 ½ to 2 cart widths as that horse progresses up the straight. There was a run between JACCKA OPIE and ELUSIVE FLIGHT, which ROCK OF TARA was entitled to take. ROCK OF TARA was in the gap when JACCKA OPIE continues to drift wider on the track. It is this movement that causes interference to ROCK OF TARA and impedes the progress of that horse at a significant point in the race. It is some 20 to 25 metres from the winning post (not 10 to 12 metres as Mr Kerr alleges) and Mr Williamson has to take a hold of ROCK OF TARA. That horse loses momentum and is unable to progress forward because a wheel of its cart is behind that of JACCKA OPIE. The margin between 3rd and 4th, ie between ROCK OF TARA and MACKENZIE JACOB is only a neck. Mr Knight is adamant that this interference cost ROCK OF TARA 3rd and Mr Williamson is also of that view. This conclusion is supported by the video evidence, which demonstrates that ROCK OF TARA was still running on at the time it suffered the interference from JACCKA OPIE. We thus exercise our discretion under r 869(8)(b) and relegate JACCKA OPIE to behind ROCK OF TARA.
Decision:
Amended placings are:
1st 4 ELUSIVE FLIGHT
2ND 3 MACKENZIE JACOB
3RD 6 ROCK OF TARA
4TH 7 JACCKA OPIE
5TH 2 TANGO LADY
Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a) and (b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Dunn - Open Horseman assisting Mr Kerr, Mr G Knight - Trainer of ROCK OF TARA, Mr M Williamson - Junior Horseman driver of ROCK OF TARA, Mr D Dunn - Open Horseman driver of ELUSIVE LIGHT
Respondent: Mr M Kerr - Junior Horseman driver of JACCKA OPIE
StipendSteward:
raceid: 37d847433db10a2ebbd2fb0513bc5fc6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3017275e683c27ff2a7decaa923b6813
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2013
meet_title: Forbury Park TC - 18 July 2013
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