Forbury Park TC 21 July 2011 – R5 (Instigating a Protest)
ID: JCA12042
Meet Title:
Forbury Park TC - 21 July 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/07/21
Race Number:
R5
Decision:
Amended placings are:
1st 11 ALTA AUDACIOUS
2nd 4 CHANKAI
3rd 6 TIZ TOUGH
4th 3 GALLEONS PROSPECT
1st 11 ALTA AUDACIOUS
2nd 4 CHANKAI
3rd 6 TIZ TOUGH
4th 3 GALLEONS PROSPECT
Facts:
Mr Allison alleged that with approximately 300 metres to run Mr G Smith (BET AWAY) shifted ground outwards when insufficiently clear of MAGIC EDITION (Mr J Cox) causing MAGIC EDITION to break.
Judge’s placings were:
1st 1 BET AWAY
2nd 11 ALTA AUDACIOUS
3rd 4 CHANKAI
4th 6 TIZ TOUGH
5th 3 GALLEONS PROSPECT
Submissions for Decision:
Mr Allison demonstrated on 3 video angles that as the horses rounded the final bend Mr Smith, who was in the trail moved outwards looking for a run. Immediately on the outside of Mr Smith was Mr Cox and on Mr Cox’s outer was Mr Williamson (EMALINE FRANCO). Mr Allison stated that while Mr Smith had a slight advantage on Mr Cox when Mr Smith pushed him wider on the track, Mr Cox did not have an advantage on EMALINE FRANCO and was thus squeezed for room. The consequence was that MAGIC EDITION ran out of room and broke. The horse lost all chance and galloped out the back. He said he did not believe Mr Smith had pushed Mr Cox out in a safe and gradual manner.
Mr Cox stated that he was racing on the outer of Mr Smith. As they turned for home Mr Smith began to push out. He said at this time Mr Smith had an advantage on him but he did not have had an advantage on Mr Williamson, who was racing on his outer. At best, he said, he was level pegging with him. He said he was being squeezed for room and twice yelled out “Gav”. He said Mr Smith kept coming out, but he had nowhere to go as Mr Williamson was racing on his outer. He reiterated he never had an advantage over Mr Williamson at this time. Ultimately there was contact between MAGIC EDITION and BET AWAY. MAGIC EDITION broke losing all chance by galloping out the back of the field. He said MAGIC EDITION was travelling easily at this time, it was on the bit, and he was yet to go for the horse.
Mr Smith stated that he was out for 20 metres before it got tight. He said when he pushed out he had an advantage over Mr Cox. He used the videos, and in particular the back straight angle, to demonstrate that in his opinion Mr Cox had an advantage over Mr Williamson, who was on the outside of Mr Cox, when he pushed out Mr Cox. He acknowledged he heard Mr Cox yelling but he believed this was after he had successfully pushed him out. Mr Cox disagreed with this. Mr Smith acknowledged that he thought both the leading and the parked horse would stop and that there were sweepers coming around on the outside. He said this was why he had decided to push out rather than wait for a possible run in the passing lane, which might or might not have eventuated. He also stated that he believed the horses on the outside of Mr Cox contributed to the tightening.
Mr Smith called Mr Williamson to give evidence. He said he had Mr Jones coming up on his outside and it was getting tight but he never felt any pressure. He said he never moved much and was head to head with Mr Cox, either just in front or on level terms, when it got tight. He said this was because Mr Smith was pushing Mr Cox out and he reiterated Mr Cox was never in front of him at this time.
Reasons for Decision:
In exercising our discretion to relegate BET AWAY we find that unlike the video evidence, which is inconclusive, the evidence of Mr Cox and Mr Williamson is clear and compelling. They both state that Mr Cox never had an advantage over Mr Williamson when Mr Smith started to push out and, significantly, when Mr Smith continued to push out despite Mr Cox yelling for room. We find that interference was caused to MAGIC EDITION by BET AWAY shifting ground outwards on to Mr Cox when Mr Cox was unable to move MAGIC EDITION out further on the track as he did not have an advantage on EMALINE FRANCO. The consequence was there was tightening and eventually contact between MAGIC EDITION and BET AWAY with MAGIC EDITION breaking and losing all chance.
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: 31d9a97098294373a1f4d7743ce8bfba
informantnumber: 13740
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/07/2011
hearing_title: Forbury Park TC 21 July 2011 - R5 (Instigating a Protest)
charge:
facts:
Mr Allison alleged that with approximately 300 metres to run Mr G Smith (BET AWAY) shifted ground outwards when insufficiently clear of MAGIC EDITION (Mr J Cox) causing MAGIC EDITION to break.
Judge’s placings were:
1st 1 BET AWAY
2nd 11 ALTA AUDACIOUS
3rd 4 CHANKAI
4th 6 TIZ TOUGH
5th 3 GALLEONS PROSPECT
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on 3 video angles that as the horses rounded the final bend Mr Smith, who was in the trail moved outwards looking for a run. Immediately on the outside of Mr Smith was Mr Cox and on Mr Cox’s outer was Mr Williamson (EMALINE FRANCO). Mr Allison stated that while Mr Smith had a slight advantage on Mr Cox when Mr Smith pushed him wider on the track, Mr Cox did not have an advantage on EMALINE FRANCO and was thus squeezed for room. The consequence was that MAGIC EDITION ran out of room and broke. The horse lost all chance and galloped out the back. He said he did not believe Mr Smith had pushed Mr Cox out in a safe and gradual manner.
Mr Cox stated that he was racing on the outer of Mr Smith. As they turned for home Mr Smith began to push out. He said at this time Mr Smith had an advantage on him but he did not have had an advantage on Mr Williamson, who was racing on his outer. At best, he said, he was level pegging with him. He said he was being squeezed for room and twice yelled out “Gav”. He said Mr Smith kept coming out, but he had nowhere to go as Mr Williamson was racing on his outer. He reiterated he never had an advantage over Mr Williamson at this time. Ultimately there was contact between MAGIC EDITION and BET AWAY. MAGIC EDITION broke losing all chance by galloping out the back of the field. He said MAGIC EDITION was travelling easily at this time, it was on the bit, and he was yet to go for the horse.
Mr Smith stated that he was out for 20 metres before it got tight. He said when he pushed out he had an advantage over Mr Cox. He used the videos, and in particular the back straight angle, to demonstrate that in his opinion Mr Cox had an advantage over Mr Williamson, who was on the outside of Mr Cox, when he pushed out Mr Cox. He acknowledged he heard Mr Cox yelling but he believed this was after he had successfully pushed him out. Mr Cox disagreed with this. Mr Smith acknowledged that he thought both the leading and the parked horse would stop and that there were sweepers coming around on the outside. He said this was why he had decided to push out rather than wait for a possible run in the passing lane, which might or might not have eventuated. He also stated that he believed the horses on the outside of Mr Cox contributed to the tightening.
Mr Smith called Mr Williamson to give evidence. He said he had Mr Jones coming up on his outside and it was getting tight but he never felt any pressure. He said he never moved much and was head to head with Mr Cox, either just in front or on level terms, when it got tight. He said this was because Mr Smith was pushing Mr Cox out and he reiterated Mr Cox was never in front of him at this time.
reasonsfordecision:
In exercising our discretion to relegate BET AWAY we find that unlike the video evidence, which is inconclusive, the evidence of Mr Cox and Mr Williamson is clear and compelling. They both state that Mr Cox never had an advantage over Mr Williamson when Mr Smith started to push out and, significantly, when Mr Smith continued to push out despite Mr Cox yelling for room. We find that interference was caused to MAGIC EDITION by BET AWAY shifting ground outwards on to Mr Cox when Mr Cox was unable to move MAGIC EDITION out further on the track as he did not have an advantage on EMALINE FRANCO. The consequence was there was tightening and eventually contact between MAGIC EDITION and BET AWAY with MAGIC EDITION breaking and losing all chance.
Decision:
Amended placings are:
1st 11 ALTA AUDACIOUS
2nd 4 CHANKAI
3rd 6 TIZ TOUGH
4th 3 GALLEONS PROSPECT
1st 11 ALTA AUDACIOUS
2nd 4 CHANKAI
3rd 6 TIZ TOUGH
4th 3 GALLEONS PROSPECT
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(b)
Informant: Mr Allison
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Cox, Mr M Williamson
Respondent: Mr Smith
StipendSteward:
raceid: 927d47a39f34a2b7460b3525606de9ed
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 955302cf73f8dd6fc61518bd4f4e8013
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/07/2011
meet_title: Forbury Park TC - 21 July 2011
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