Archive Decision

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Forbury Park TC 3 July 2014 – R 1 (instigating a protest)

ID: JCA14353

Applicant:
Mr C Allison, Stipendiary Steward

Respondent(s):
Mr M Williamson, Open Horseman, Driver of MR MAJESTIC, Mr A Faulks, Licensed Trainer of MR MAJESTIC

Information Number:
A1742

Hearing Type:
Protest

Rules:
869(8)(b)

Meet Title:
Forbury Park TC - 3 July 2014

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2014/07/03

Race Number:
R1

Decision:

Amended placings are:

1ST 9 BONO HEST
2ND 11 DAY TOURER
3RD 13 SUNNIVUE SADONA
4TH 5 LIMA LAD
5th 2 CONTINENTAL LOVER

Dividends and stakes are to be paid accordingly. 

Facts:

At the conclusion of Race 1, the Dunedin City Ford Trot, an information was lodged by Mr Allison, stipendiary steward, under 869(8)(b) alleging that MR MAJESTIC, which finished 2nd shifted inwards when insufficiently clear of QUEEN MARY which was unplaced, causing that horse to break.

Judge’s placings were:

1ST 9 BONO HEST
2ND 4 MR MAJESTIC
3RD 11 DAY TOURER
4TH 13 SUNNIVUE SADONA
5th 5 LIMA LAD

Rule 869(8) states:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:

(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

Submissions for Decision:

Mr Allison demonstrated on the head-on and side-on videos that with approximately 1000 metres to race MR MAJESTIC when attempting to cross to lead at the winning post with a lap to run struck the off front leg of QUEEN MARY with the wheel of his cart. QUEEN MARY broke from its gait and galloped back disrupting the field. Mr Allison alleged that Mr Williamson had crossed QUEEN MARY when insufficiently clear. He pointed out that QUEEN MARY was racing keenly but he did not believe there was any fault on the part of that horse. The horse was racing in a straight line and was entitled to be where it was.

Mr McCormick, the driver of QUEEN MARY, gave evidence that he was content to let MR MAJESTIC cross him. He acknowledged QUEEN MARY was racing keenly but when Mr Williamson crossed he was too close and he just touched a leg of QUEEN MARY with his sulky wheel and QUEEN MARY broke. He believed that Mr Williamson only had to go another couple of strides and the horse would have been clear when it crossed. He believed MR MAJESTIC had eased when it crossed him and he said he had yelled out to Mr Williamson to keep going.

Mr Williamson stated he thought he had cleared Mr McCormick prior to the winning post and was unaware he was still there on his inner as he moved across when running into the bend. He believed QUEEN MARY had improved the last little bit and that was why there was contact.

Mr Faulks stated he believed QUEEN MARY had shifted into the passing lane slightly and that this may have contributed to the incident. He said it was tight and MR MAJESTIC was a maiden trotter.

Mr Allison in summing up said Mr Williamson was shifting ground and it was his responsibility to be clear of Mr McCormick. 

Reasons for Decision:

We are satisfied that MR MAJESTIC has shifted inwards just after the winning post with a lap to race. As Mr Williamson has said, he believed he had already crossed QUEEN MARY and was unaware that that horse was still racing on his inner. As a result of crossing QUEEN MARY, MR MAJESTIC improved to the lead but in so doing the cart of that horse came into contact with QUEEN MARY. We accept QUEEN MARY was racing keenly but as Mr McCormick says the horse was not uncontrollable and he was quite willing to hand up the lead. Mr Williamson simply miscalculated as he moved inwards, principally because he was unaware that QUEEN MARY was still racing on his inner.

In exercising our discretion and determining to uphold the protest, we find that this inwards movement by MR MAJESTIC when insufficiently clear of QUEEN MARY caused QUEEN MARY to break from its gait and gallop back through the field losing its chance and affecting the chances of a number of the other runners. 

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: 79c301fad1e7e770b11b3c2d5bca7ce4


informantnumber: A1742


horsename: MR MAJESTIC


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 03/07/2014


hearing_title: Forbury Park TC 3 July 2014 - R 1 (instigating a protest)


charge:


facts:

At the conclusion of Race 1, the Dunedin City Ford Trot, an information was lodged by Mr Allison, stipendiary steward, under 869(8)(b) alleging that MR MAJESTIC, which finished 2nd shifted inwards when insufficiently clear of QUEEN MARY which was unplaced, causing that horse to break.

Judge’s placings were:

1ST 9 BONO HEST
2ND 4 MR MAJESTIC
3RD 11 DAY TOURER
4TH 13 SUNNIVUE SADONA
5th 5 LIMA LAD

Rule 869(8) states:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:

(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated on the head-on and side-on videos that with approximately 1000 metres to race MR MAJESTIC when attempting to cross to lead at the winning post with a lap to run struck the off front leg of QUEEN MARY with the wheel of his cart. QUEEN MARY broke from its gait and galloped back disrupting the field. Mr Allison alleged that Mr Williamson had crossed QUEEN MARY when insufficiently clear. He pointed out that QUEEN MARY was racing keenly but he did not believe there was any fault on the part of that horse. The horse was racing in a straight line and was entitled to be where it was.

Mr McCormick, the driver of QUEEN MARY, gave evidence that he was content to let MR MAJESTIC cross him. He acknowledged QUEEN MARY was racing keenly but when Mr Williamson crossed he was too close and he just touched a leg of QUEEN MARY with his sulky wheel and QUEEN MARY broke. He believed that Mr Williamson only had to go another couple of strides and the horse would have been clear when it crossed. He believed MR MAJESTIC had eased when it crossed him and he said he had yelled out to Mr Williamson to keep going.

Mr Williamson stated he thought he had cleared Mr McCormick prior to the winning post and was unaware he was still there on his inner as he moved across when running into the bend. He believed QUEEN MARY had improved the last little bit and that was why there was contact.

Mr Faulks stated he believed QUEEN MARY had shifted into the passing lane slightly and that this may have contributed to the incident. He said it was tight and MR MAJESTIC was a maiden trotter.

Mr Allison in summing up said Mr Williamson was shifting ground and it was his responsibility to be clear of Mr McCormick. 


reasonsfordecision:

We are satisfied that MR MAJESTIC has shifted inwards just after the winning post with a lap to race. As Mr Williamson has said, he believed he had already crossed QUEEN MARY and was unaware that that horse was still racing on his inner. As a result of crossing QUEEN MARY, MR MAJESTIC improved to the lead but in so doing the cart of that horse came into contact with QUEEN MARY. We accept QUEEN MARY was racing keenly but as Mr McCormick says the horse was not uncontrollable and he was quite willing to hand up the lead. Mr Williamson simply miscalculated as he moved inwards, principally because he was unaware that QUEEN MARY was still racing on his inner.

In exercising our discretion and determining to uphold the protest, we find that this inwards movement by MR MAJESTIC when insufficiently clear of QUEEN MARY caused QUEEN MARY to break from its gait and gallop back through the field losing its chance and affecting the chances of a number of the other runners. 


Decision:

Amended placings are:

1ST 9 BONO HEST
2ND 11 DAY TOURER
3RD 13 SUNNIVUE SADONA
4TH 5 LIMA LAD
5th 2 CONTINENTAL LOVER

Dividends and stakes are to be paid accordingly. 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(b)


Informant: Mr C Allison, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr D McCormick, Open Horseman, Driver of QUEEN MARY


Respondent: Mr M Williamson, Open Horseman, Driver of MR MAJESTIC, Mr A Faulks, Licensed Trainer of MR MAJESTIC


StipendSteward:


raceid: f6b1fe60f26d3a5aead91446db2c25f9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f2b8edf7e78bd5d10c8722495f38e45a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/07/2014


meet_title: Forbury Park TC - 3 July 2014


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