Forbury Park TC 24 June 2021 – R 5 (instigating a protest0 – Chair, Prof G Hall
ID: JCA17486
Meet Title:
Forbury Park TC - 24 June 2021
Meet Chair:
GHall
Race Date:
2021-06-24 00:00:00.0000000
Race Number:
R 5
Decision:
The Committee is not satisfied on the evidence before it that there has been a breach of r 869(7B). The protest is dismissed. The Judge’s placings stand. Stakes and dividends are to be paid accordingly.
Facts:
An Information was lodged by Mr Renault under r 869(7B) alleging that BETTORS ATOM shifted inside track markers leaving the final bend and gained an advantage. He sought disqualification of BETTORS ATOM from 5th place.
The official placings are:
(2) - AH MACH - 1st
(5) - WHO’S SMOKIN - 2nd
(4) - KERALA STAR - 3rd
(9) - MARK O’RONGA - 4th
(3) - BETTORS ATOM - 5th
Rule 869(7B) states: “Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.”
Mr Ferguson represented the connections of BETTORS ATOM.
Submissions for Decision:
With the aid of the side-on and back straight videos Mr Renault demonstrated that MACH O’MELLEY (Mr Morrison) was not racing hard against the markers. BETTORS ATOM was trailing MACH O’MELLEY leaving the home bend and it took a run to the inside of that horse and went inside 3 track markers. Mr Renault said BETTORS ATOM had been held up by a tiring horse and had shifted down and obtained a run it was not entitled to. He demonstrated on the videos that when Mr Morrison realised BETTORS ATOM was to his inside, he pulled his horse’s head outwards and MACH O’MELLEY shifted out.
Mr Renault stated the Stewards did not believe there was a full run for BETTORS ATOM to the inside of MACH O’MELLEY and that BETTORS ATOM had obtained a run that it was not entitled to. He pointed out that there was no run for BETTORS ATOM to the outside of MACH O’MELLEY. He said MACH O’MELLEY was half off, but the Stewards believed the horse had held its true line rounding the bend.
Mr Ferguson said there was a run for BETTORS ATOM. He had waited until the gap between MACH O’MELLEY and the markers was wide enough for him to be able to take it. He believed there was room for his horse and the cart. The reason he had raced over the markers was because MACH O’MELLEY had drifted in slightly on exiting the bend. He demonstrated that the gap between MACH O’MELLEY and the horse to its outside (IDEAL ASSET) had expanded at this point which confirmed his belief that MACH O’MELLEY had come in. He said there had been no yelling.
Reasons for Decision:
In terms of the Rule, it is clear that BETTORS ATOM has raced over 3 markers and gained an advantage. The issue is whether or not this was because BETTORS ATOM suffered interference.
The video angles are far from conclusive despite attempts to synchronise the angles and frames. MACH O’MELLEY was racing half a cart off the markers as it came round the bend. A gap opened up for Mr Ferguson and he proceeded to take it. He states Mr Morrison drifted in slightly after he did so. The side-on video shows that Mr Morrison upon rounding the bend looked to his inside and pulled the head of MACH O’MELLEY outwards. The horse shifted slightly wider on the track at this time. Mr Ferguson has stated that he purposefully waited until there was a gap for him to improve into and that he was pushed down the track and over the markers by the inwards movement of MACH O’MELLEY. He is correct when he states the gap between Mr Morrison and the horse to his outside widens slightly at this time. It gives some credence to his contention that MACH O’MELLEY drifted in slightly. In these circumstances it cannot be said that BETTORS ATOM did not receive interference from MACH O’MELLEY.
Decision Date: 27/06/2021
Publish Date: 27/06/2021
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: e974193f1e0d044a31ba02c3d725809d
informantnumber: A10686
horsename: BETTORS ATOM
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 27/06/2021
hearing_title: Forbury Park TC 24 June 2021 - R 5 (instigating a protest0 - Chair, Prof G Hall
charge:
facts:
An Information was lodged by Mr Renault under r 869(7B) alleging that BETTORS ATOM shifted inside track markers leaving the final bend and gained an advantage. He sought disqualification of BETTORS ATOM from 5th place.
The official placings are:
(2) - AH MACH - 1st
(5) - WHO’S SMOKIN - 2nd
(4) - KERALA STAR - 3rd
(9) - MARK O’RONGA - 4th
(3) - BETTORS ATOM - 5th
Rule 869(7B) states: “Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.”
Mr Ferguson represented the connections of BETTORS ATOM.
appealdecision:
isappeal:
submissionsfordecision:
With the aid of the side-on and back straight videos Mr Renault demonstrated that MACH O’MELLEY (Mr Morrison) was not racing hard against the markers. BETTORS ATOM was trailing MACH O’MELLEY leaving the home bend and it took a run to the inside of that horse and went inside 3 track markers. Mr Renault said BETTORS ATOM had been held up by a tiring horse and had shifted down and obtained a run it was not entitled to. He demonstrated on the videos that when Mr Morrison realised BETTORS ATOM was to his inside, he pulled his horse’s head outwards and MACH O’MELLEY shifted out.
Mr Renault stated the Stewards did not believe there was a full run for BETTORS ATOM to the inside of MACH O’MELLEY and that BETTORS ATOM had obtained a run that it was not entitled to. He pointed out that there was no run for BETTORS ATOM to the outside of MACH O’MELLEY. He said MACH O’MELLEY was half off, but the Stewards believed the horse had held its true line rounding the bend.
Mr Ferguson said there was a run for BETTORS ATOM. He had waited until the gap between MACH O’MELLEY and the markers was wide enough for him to be able to take it. He believed there was room for his horse and the cart. The reason he had raced over the markers was because MACH O’MELLEY had drifted in slightly on exiting the bend. He demonstrated that the gap between MACH O’MELLEY and the horse to its outside (IDEAL ASSET) had expanded at this point which confirmed his belief that MACH O’MELLEY had come in. He said there had been no yelling.
reasonsfordecision:
In terms of the Rule, it is clear that BETTORS ATOM has raced over 3 markers and gained an advantage. The issue is whether or not this was because BETTORS ATOM suffered interference.
The video angles are far from conclusive despite attempts to synchronise the angles and frames. MACH O’MELLEY was racing half a cart off the markers as it came round the bend. A gap opened up for Mr Ferguson and he proceeded to take it. He states Mr Morrison drifted in slightly after he did so. The side-on video shows that Mr Morrison upon rounding the bend looked to his inside and pulled the head of MACH O’MELLEY outwards. The horse shifted slightly wider on the track at this time. Mr Ferguson has stated that he purposefully waited until there was a gap for him to improve into and that he was pushed down the track and over the markers by the inwards movement of MACH O’MELLEY. He is correct when he states the gap between Mr Morrison and the horse to his outside widens slightly at this time. It gives some credence to his contention that MACH O’MELLEY drifted in slightly. In these circumstances it cannot be said that BETTORS ATOM did not receive interference from MACH O’MELLEY.
Decision:
The Committee is not satisfied on the evidence before it that there has been a breach of r 869(7B). The protest is dismissed. The Judge’s placings stand. Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr C Ferguson - Driver of BETTORS ATOM
StipendSteward:
raceid: 5468a9b23a045272e7022f8a5c0dd0f1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 10d980e51d2dd2d4c4207e464acea089
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/06/2021
meet_title: Forbury Park TC - 24 June 2021
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