Forbury Park TC 21 December 2016 – R 4 (instigating a protest) – Chair, Prof G Hall
ID: JCA14759
Meet Title:
Forbury Park TC - 21 December 2016
Meet Chair:
GHall
Race Date:
2016/12/21
Race Number:
R 4
Decision:
The protest is upheld.
The Judge’s placings are amended as follows:
1ST - 12 BELMONT JET
2ND - 3 KEEPOVER
3RD - 1 LILAC FLASH
4TH - 5 JIMMY NGA
Dividends and stakes are to be paid accordingly.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 4, the NEVELE R STUD MOBILE PACE, LILAC FLASH, placed 1st by the judge, broke over the final stages and was lapped on by BELMONT JET and KEEPOVER when it galloped across the line.
Placings were:
1ST - 1 LILAC FLASH
2ND - 12 BELMONT JET
3RD - 3 KEEPOVER
4TH - 5 JIMMY NGA
The margin between 1ST and 2nd was ½ a length and between 2nd and 3rd a nose.
Rule 870(5) states:
Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
Submissions for Decision:
Mr Tidmarsh demonstrated by reference to two video angles, the side-on and head-on, that in his view LILAC FLASH had galloped just after the 50 metre mark and was lapped on by BELMONT JET and KEEPOVER when it was still galloping as it crossed the line.
Mr Dunn submitted that LILAC FLASH had come down into a pace briefly just before the line and was pacing, albeit very roughly, when it crossed the line. He acknowledged that the horse had returned to a gallop immediately after the line. He said LILAC FLASH had not gained an advantage through galloping and had in fact lost ground.
At the Committee’s request, Mr Tidmarsh also showed the trackside and the back straight videos. Mr Dunn believed that the back straight video demonstrated that the head of LILAC FLASH was still as it crossed the line and he believed this supported his contention that the horse was pacing at this time. He said LILAC FLASH was back in its gait for 2 or 3 strides and importantly this was at the line. He demonstrated where he believed LILAC FLASH had “shuffled back into a pace”. He said the pace was not smooth and he froze the frames to show that the front and rear legs on each side of the horse were forward and back rather than both being forward at the same time, as they would if the horse was galloping.
Reasons for Decision:
There is no dispute that LILAC FLASH was lapped on by BELMONT JET and KEEPOVER when the horse crossed the line. The issue is whether the horse galloped across the line. It is clear from the side-on and head-on videos that the horse galloped just after the 50 metre mark and continued in a gallop. The action of the horse changes as Mr Dunn has pointed out some 2 or 3 strides prior to the post. However, I am not satisfied that this change in its galloping action is such for me to find that when LILAC FLASH crossed the line it had returned to its correct gait, as is required by the rule. I cannot accept Mr Dunn’s submission, that he has pressed quite forthrightly, that the horse’s action can be said to be a very rough pacing gait for these few strides.
I find LILAC FLASH galloped before the winning post and was still galloping when it crossed the line and, indeed, was still galloping after the line. LILAC FLASH has broken free of interference and, in these circumstances I relegate LILAC FLASH to behind BELMONT JET and KEEPOVER.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 78ee06fd4de068eddbf8ea3a8c5e1b96
informantnumber: A8555
horsename: LILAC FLASH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/12/2016
hearing_title: Forbury Park TC 21 December 2016 - R 4 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 4, the NEVELE R STUD MOBILE PACE, LILAC FLASH, placed 1st by the judge, broke over the final stages and was lapped on by BELMONT JET and KEEPOVER when it galloped across the line.
Placings were:
1ST - 1 LILAC FLASH
2ND - 12 BELMONT JET
3RD - 3 KEEPOVER
4TH - 5 JIMMY NGA
The margin between 1ST and 2nd was ½ a length and between 2nd and 3rd a nose.
Rule 870(5) states:
Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Tidmarsh demonstrated by reference to two video angles, the side-on and head-on, that in his view LILAC FLASH had galloped just after the 50 metre mark and was lapped on by BELMONT JET and KEEPOVER when it was still galloping as it crossed the line.
Mr Dunn submitted that LILAC FLASH had come down into a pace briefly just before the line and was pacing, albeit very roughly, when it crossed the line. He acknowledged that the horse had returned to a gallop immediately after the line. He said LILAC FLASH had not gained an advantage through galloping and had in fact lost ground.
At the Committee’s request, Mr Tidmarsh also showed the trackside and the back straight videos. Mr Dunn believed that the back straight video demonstrated that the head of LILAC FLASH was still as it crossed the line and he believed this supported his contention that the horse was pacing at this time. He said LILAC FLASH was back in its gait for 2 or 3 strides and importantly this was at the line. He demonstrated where he believed LILAC FLASH had “shuffled back into a pace”. He said the pace was not smooth and he froze the frames to show that the front and rear legs on each side of the horse were forward and back rather than both being forward at the same time, as they would if the horse was galloping.
reasonsfordecision:
There is no dispute that LILAC FLASH was lapped on by BELMONT JET and KEEPOVER when the horse crossed the line. The issue is whether the horse galloped across the line. It is clear from the side-on and head-on videos that the horse galloped just after the 50 metre mark and continued in a gallop. The action of the horse changes as Mr Dunn has pointed out some 2 or 3 strides prior to the post. However, I am not satisfied that this change in its galloping action is such for me to find that when LILAC FLASH crossed the line it had returned to its correct gait, as is required by the rule. I cannot accept Mr Dunn’s submission, that he has pressed quite forthrightly, that the horse’s action can be said to be a very rough pacing gait for these few strides.
I find LILAC FLASH galloped before the winning post and was still galloping when it crossed the line and, indeed, was still galloping after the line. LILAC FLASH has broken free of interference and, in these circumstances I relegate LILAC FLASH to behind BELMONT JET and KEEPOVER.
Decision:
The protest is upheld.
The Judge’s placings are amended as follows:
1ST - 12 BELMONT JET
2ND - 3 KEEPOVER
3RD - 1 LILAC FLASH
4TH - 5 JIMMY NGA
Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f188554248b5079684b9806340339489
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5f51c6011878ed9a36560a2febf46896
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2016
meet_title: Forbury Park TC - 21 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC