Archive Decision

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Forbury Park TC 29 June 2017 – R 7 (instigating a protest) – Chair, Prof G Hall

ID: JCA15734

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr B Orange - Open Horseman

Information Number:
A9755

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 7

Decision:

Rule 869A(2) requires the Committee to be satisfied that OCH AYE THE NOO would have finished ahead of FATAL REUNION. Having regard to the run that FATAL REUNION received after the interference and the fact that FATAL REUNION was holding the other horses in the final stages of the race, the Committee is not so satisfied.

Stakes and dividends are to be paid as called by the judge.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that horse number 4, FATAL REUNION, placed 1st by the judge, interfered with the chances of horse number 9, OCH AYE THE NOO, placed 3rd by the judge near the 950 metres of race 7, the $200,000 GUARANTEED PICK 6 STARTS NOW TROT.

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 4 FATAL REUNION
2 2 ANOTHER DELIGHT
3 9 OCH AYE THE NOO
4 12 SCARLETT LANE

The margin between 1st and 3rd was 1 1/4 lengths and a neck.

Submissions for Decision:

Mr Tidmarsh demonstrated on the video that OCH AYE THE NOO was leading the field with just under a lap to race when Mr Orange improved forward to take the lead. In so doing he has come across in front of OCH AYE THE NOO when not quite clear and OCH AYE THE NOO went into a gallop. The horse galloped for a distance of some 80 metres before settling back into a trot. He estimated OCH AYE THE NOO lost in excess of 10 metres. He said OCH AYE THE NOO had had a good run afterwards.

Mr McIlwrick said he had lost some 20 metres and had missed 1st by 1 1/4 lengths and a neck. He said he had had to regain the ground he lost and had to race one out when he would otherwise have been on the pylons. He believed he would have beaten FATAL REUNION home had he continued to race on that horse’s back. He believed the trail would have been better than the one/one. He agreed his horse was keen when Mr Orange crossed and also said OCH AYE THE NOO was a tired horse at the finish but he emphasised the horse had had to make up the ground it had lost.

Mr Orange acknowledged that he had interfered with OCH AYE THE NOO. He demonstrated on the videos, however, that OCH AYE THE NOO had only lost one place through galloping and had had a good run in the race from that point on. He emphasised FATAL REUNION had won the race easily and had the field covered. He believed OCH AYE THE NOO had its chance to beat FATAL REUNION but had not been able to.

Mr Tidmarsh replied that OCH AYE THE NOO had galloped for about 80 metres and had had 800 metres or thereabouts to beat Mr Orange’s horse home. He agreed that OCH AYE THE NOO had a good run one out and one back after suffering the interference. He also said that Mr Orange appeared to be correct when he commented that FATAL REUNION was holding the other horses at the finish of the race.

Reasons for Decision:

Mr Orange’s actions in crossing too close to OCH AYE THE NOO resulted in the field being disrupted when that horse broke from its gait and galloped. OCH AYE THE NOO was able to settle two back on the inside, and thus one place further back than it would otherwise have been in the field, rather than in the trailing position. Significantly, OCH AYE THE NOO was able to get to the one/one position not long after when MADISON JANE galloped out of the race. If the decision were to be based solely on a mathematical calculation, OCH AYE THE NOO lost over 10 metres and the margin was a length 1/4 and a neck, therefore FATAL REUNION should be relegated to behind OCH AYE THE NOO. However, it is not as simple as that. While OCH AYE THE NOO lost its position in the field and the opportunity to trail FATAL REUNION, the horse soon recovered and was thereafter able to obtain a good run one out and one back. FATAL REUNION itself was headed by TROY CASTLETON and OCH AYE THE NOO would have ended up 3 back on the pylons had the horse not galloped.

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: c945cd1b657b5703df651bd5e5f16d3c


informantnumber: A9755


horsename: FATAL REUNION


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 03/07/2017


hearing_title: Forbury Park TC 29 June 2017 - R 7 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that horse number 4, FATAL REUNION, placed 1st by the judge, interfered with the chances of horse number 9, OCH AYE THE NOO, placed 3rd by the judge near the 950 metres of race 7, the $200,000 GUARANTEED PICK 6 STARTS NOW TROT.

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 4 FATAL REUNION
2 2 ANOTHER DELIGHT
3 9 OCH AYE THE NOO
4 12 SCARLETT LANE

The margin between 1st and 3rd was 1 1/4 lengths and a neck.


appealdecision:


isappeal:


submissionsfordecision:

Mr Tidmarsh demonstrated on the video that OCH AYE THE NOO was leading the field with just under a lap to race when Mr Orange improved forward to take the lead. In so doing he has come across in front of OCH AYE THE NOO when not quite clear and OCH AYE THE NOO went into a gallop. The horse galloped for a distance of some 80 metres before settling back into a trot. He estimated OCH AYE THE NOO lost in excess of 10 metres. He said OCH AYE THE NOO had had a good run afterwards.

Mr McIlwrick said he had lost some 20 metres and had missed 1st by 1 1/4 lengths and a neck. He said he had had to regain the ground he lost and had to race one out when he would otherwise have been on the pylons. He believed he would have beaten FATAL REUNION home had he continued to race on that horse’s back. He believed the trail would have been better than the one/one. He agreed his horse was keen when Mr Orange crossed and also said OCH AYE THE NOO was a tired horse at the finish but he emphasised the horse had had to make up the ground it had lost.

Mr Orange acknowledged that he had interfered with OCH AYE THE NOO. He demonstrated on the videos, however, that OCH AYE THE NOO had only lost one place through galloping and had had a good run in the race from that point on. He emphasised FATAL REUNION had won the race easily and had the field covered. He believed OCH AYE THE NOO had its chance to beat FATAL REUNION but had not been able to.

Mr Tidmarsh replied that OCH AYE THE NOO had galloped for about 80 metres and had had 800 metres or thereabouts to beat Mr Orange’s horse home. He agreed that OCH AYE THE NOO had a good run one out and one back after suffering the interference. He also said that Mr Orange appeared to be correct when he commented that FATAL REUNION was holding the other horses at the finish of the race.


reasonsfordecision:

Mr Orange’s actions in crossing too close to OCH AYE THE NOO resulted in the field being disrupted when that horse broke from its gait and galloped. OCH AYE THE NOO was able to settle two back on the inside, and thus one place further back than it would otherwise have been in the field, rather than in the trailing position. Significantly, OCH AYE THE NOO was able to get to the one/one position not long after when MADISON JANE galloped out of the race. If the decision were to be based solely on a mathematical calculation, OCH AYE THE NOO lost over 10 metres and the margin was a length 1/4 and a neck, therefore FATAL REUNION should be relegated to behind OCH AYE THE NOO. However, it is not as simple as that. While OCH AYE THE NOO lost its position in the field and the opportunity to trail FATAL REUNION, the horse soon recovered and was thereafter able to obtain a good run one out and one back. FATAL REUNION itself was headed by TROY CASTLETON and OCH AYE THE NOO would have ended up 3 back on the pylons had the horse not galloped.


Decision:

Rule 869A(2) requires the Committee to be satisfied that OCH AYE THE NOO would have finished ahead of FATAL REUNION. Having regard to the run that FATAL REUNION received after the interference and the fact that FATAL REUNION was holding the other horses in the final stages of the race, the Committee is not so satisfied.

Stakes and dividends are to be paid as called by the judge.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869A(2)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr McIntyre - General Manager of Stewards, Mr McIlwrick - Open Horseman


Respondent: Mr B Orange - Open Horseman


StipendSteward:


raceid: 09bb057d89f8d1a771ea6db0b7965e3c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


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