Archive Decision

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Forbury Park TC 29 June 2017 – R 4 (instigating a protest) – Chair, Prof G Hall

ID: JCA11169

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Fitzgerald - Driver of WOBBEGONG

Information Number:
A9752

Hearing Type:
Protest

Rules:
869A(2)

Meet Title:
Forbury Park TC - 29 June 2017

Meet Chair:
GHall

Race Date:
2017/06/29

Race Number:
R 4

Decision:

The Committee is satisfied that ART EXHIBIT would have finished ahead of WOBBEGONG and indeed may well have finished in a better placing than 4th had the interference not occurred.

Amended placings are:

1 7 ROCKNROLL MAGIC
2 9 GANGNAM STYLE
3 3 IDEAL ART
4 5 ART EXHIBIT
5 10 WOBBEGONG

Stakes and dividends are to be paid accordingly.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that horse number 10, WOBBEGONG, placed 4th by the judge, interfered with the chances of horse number 5, ART EXHIBIT, placed 5th by the judge when hanging inwards near the 350 metres of race 4, the 4 WHEEL DRIVE PARTS 2003 LTD JUNIOR MOBILE PACE.

Rule 869A(2) provides:

When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

Judge’s placings were:

1 7 ROCKNROLL MAGIC
2 9 GANGNAM STYLE
3 3 IDEAL ART
4 10 WOBBEGONG
5 5 ART EXHIBIT

Submissions for Decision:

Mr Tidmarsh demonstrated on the video that WOBBEGONG was hanging inwards as it rounded the final bend and the horse shifted in at the same time that Mr Morrison shifted wider on the track into the three-wide line looking for a run for ART EXHIBIT. The consequence was that the two carts locked wheels and came almost to a standstill before detaching. He stated that Mr Morrison was entitled to shift wider looking for a run at this stage of the race provided it was not a sudden movement and was made with care. The margin at the finish between WOBBEGONG and ART EXHIBIT was a head.

Mr Morrison said WOBBEGONG was laying in on him and they had hooked wheels. He said his horse was going well and had a habit of giving up in races if it received a knock. He believed his horse’s chances were clearly affected. The interference had “cost his horse”.

Mr Fitzgerald said that WOBBEGONG had laid in. His horse was hanging inwards and when he pulled the plugs the horse had gone in further and had locked wheels with Mr Morrison. He believed both horses were travelling “pretty good “at the time.

Reasons for Decision:

The Committee is satisfied that the Mr Morrison has moved outwards in a slow and gradual manner and that the reason the carts became entangled was due to the fact that WOBBEGONG was hanging inwards. As both Mr Fitzgerald and Mr Morrison have stated in their evidence, WOBBEGONG was laying in at this point of the race. The consequence was that the wheels of the carts became hooked and it took some time for them to untangle. ART EXHIBIT has clearly received interference from WOBBEGONG and it was jammed up between that horse and ERROL FINN, which was racing to its inside. The Committee has regard to Mr Morrison’s comments and finds that ART EXHIBIT’s chances were clearly affected in that the horse lost substantial momentum. Both horses were finishing off the race well at the time. The progress of ART EXHIBIT was clearly impeded by WOBBEGONG. The horse did well to recover and run 5th a head behind WOBBEGONG.

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: 20191eaf500b0dfafe6a601f624bf067


informantnumber: A9752


horsename: WOBBEGONG


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 03/07/2017


hearing_title: Forbury Park TC 29 June 2017 - R 4 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that horse number 10, WOBBEGONG, placed 4th by the judge, interfered with the chances of horse number 5, ART EXHIBIT, placed 5th by the judge when hanging inwards near the 350 metres of race 4, the 4 WHEEL DRIVE PARTS 2003 LTD JUNIOR MOBILE PACE.

Rule 869A(2) provides:

When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

Judge’s placings were:

1 7 ROCKNROLL MAGIC
2 9 GANGNAM STYLE
3 3 IDEAL ART
4 10 WOBBEGONG
5 5 ART EXHIBIT


appealdecision:


isappeal:


submissionsfordecision:

Mr Tidmarsh demonstrated on the video that WOBBEGONG was hanging inwards as it rounded the final bend and the horse shifted in at the same time that Mr Morrison shifted wider on the track into the three-wide line looking for a run for ART EXHIBIT. The consequence was that the two carts locked wheels and came almost to a standstill before detaching. He stated that Mr Morrison was entitled to shift wider looking for a run at this stage of the race provided it was not a sudden movement and was made with care. The margin at the finish between WOBBEGONG and ART EXHIBIT was a head.

Mr Morrison said WOBBEGONG was laying in on him and they had hooked wheels. He said his horse was going well and had a habit of giving up in races if it received a knock. He believed his horse’s chances were clearly affected. The interference had “cost his horse”.

Mr Fitzgerald said that WOBBEGONG had laid in. His horse was hanging inwards and when he pulled the plugs the horse had gone in further and had locked wheels with Mr Morrison. He believed both horses were travelling “pretty good “at the time.


reasonsfordecision:

The Committee is satisfied that the Mr Morrison has moved outwards in a slow and gradual manner and that the reason the carts became entangled was due to the fact that WOBBEGONG was hanging inwards. As both Mr Fitzgerald and Mr Morrison have stated in their evidence, WOBBEGONG was laying in at this point of the race. The consequence was that the wheels of the carts became hooked and it took some time for them to untangle. ART EXHIBIT has clearly received interference from WOBBEGONG and it was jammed up between that horse and ERROL FINN, which was racing to its inside. The Committee has regard to Mr Morrison’s comments and finds that ART EXHIBIT’s chances were clearly affected in that the horse lost substantial momentum. Both horses were finishing off the race well at the time. The progress of ART EXHIBIT was clearly impeded by WOBBEGONG. The horse did well to recover and run 5th a head behind WOBBEGONG.


Decision:

The Committee is satisfied that ART EXHIBIT would have finished ahead of WOBBEGONG and indeed may well have finished in a better placing than 4th had the interference not occurred.

Amended placings are:

1 7 ROCKNROLL MAGIC
2 9 GANGNAM STYLE
3 3 IDEAL ART
4 5 ART EXHIBIT
5 10 WOBBEGONG

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869A(2)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Morrison - Driver of ART EXHIBIT


Respondent: Mr A Fitzgerald - Driver of WOBBEGONG


StipendSteward:


raceid: 4527e28fba09dfb1b137fdba5fd3ae58


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: 365c5a1ac35ce83d0dbc44f0343d004a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/06/2017


meet_title: Forbury Park TC - 29 June 2017


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