Forbury Park TC – 30 November 2006 – Race 5

hearingid: 8db63510d4badf50d53f16a57fb431e0

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hearing_racingtype: harness-racing

startdate: 30/11/2006

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decisiondate: no date provided

hearing_title: Forbury Park TC - 30 November 2006 - Race 5

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After race 5 Mr Allison, stipendiary steward, instigated a protest into the 2^nd placing of IMPERIAL SPIRIT alleging that IMPERIAL SPIRIT driven by Mr R Tither, with approximately 1000m to run shifted in and checked LANGLANDS, TIZ EASY and SUNNIVUE KNIGHT.

After race 5 Mr Allison, stipendiary steward, instigated a protest into the 2^nd placing of IMPERIAL SPIRIT alleging that IMPERIAL SPIRIT driven by Mr R Tither, with approximately 1000m to run shifted in and checked LANGLANDS, TIZ EASY and SUNNIVUE KNIGHT. He initially sought relegation but later requested disqualification of IMPERIAL SPIRIT. Judge's placings were 5, 13, 6, 10, 8, 7. Present in the Judicial Room were the stipendiary stewards, Mr Tither, Mr Anderson, trainer of IMPERIAL SPIRIT and Mr Suddaby, driver of LANGLANDS.

The Chairman was unable to authorise payment of those dividends unaffected by the protest as Mr Allison indicated that there could be a further 2 protests, depending on the outcome of this protest, which could affect all place-getters.

Mr Allison had Mr McIntyre, stipendiary steward, demonstrate on the video that with approximately 1000m to run IMPERIAL SPIRIT attempted to cross LANGLANDS as the horses were at the end of the home straight with the consequence that LANGLANDS ran out of room, was forced over a marker and eventually broke. As a consequence TIZ EASY and SUNNIVUE KNIGHT both received severe checks and also broke. Mr Suddaby was asked to give his account of events. He said LANGLANDS was not an easy horse to drive. It was racing on the marker line when IMPERIAL SPIRIT endeavoured to cross to markers and in so doing LANGLANDS clipped its wheel and broke. He said IMPERIAL SPIRIT had not given him sufficient room when it crossed and he had been forced down on to the markers. His horse had broken when it had been forced to run over a marker peg.

Mr Anderson stated that in his opinion LANGLANDS had shifted out at the end of the passing lane and had caused the incident. He said Mr Suddaby was booting LANGLANDS up when he saw that Mr Tither wanted to cross him and that IMPERIAL SPIRIT was racing in the passing lane when it had no right to be there as it was not the final lap. Mr Tither said in his view he had kept his horse straight and that he had not come in onto Mr Suddaby.

Mr Allison in reply said that the passing lane was irrelevant. It was not uncommon for horses to go into the passing lane during the course of a race, as a number had on this occasion, and that none had progressed past any other horse as a result of so doing. He said that the cause of the incident was quite clear; Mr Tither had crossed over too soon. He said Mr Tither was required under the Rules of Harness Racing to keep clear when making an inwards movement.

We are aware of the difficulties that the particular configuration of the (wedged-shaped) passing lane at Forbury can cause. On this occasion IMPERIAL SPIRIT and a number of other horses had moved down into the passing lane as the field progressed up the home straight. Mr Tither had made an attempt to work to the lead and, when this was unsuccessful, he had endeavoured to slot in behind the leader. Unfortunately for Mr Tither, Mr Suddaby was in the trail on the markers and when he became aware of Mr Tither's intentions he pushed his horse to close the gap between him and the leader and to keep his place as he was entitled to do under the Rules of Harness Racing. Mr Tither was aware of Mr Suddaby's presence and that he was pushing up. Nonetheless, he continued to come across with the consequence that LANGLANDS was pushed down on to the markers and eventually broke when forced over a peg. This caused resulting interference to TIZ EASY and SUNNIVUE KNIGHT which also broke. We are satisfied that the cause of this interference to these horses was a movement down onto the markers by IMPERIAL SPIRIT when it was not sufficiently clear of LANGLANDS. We therefore find that the chances of LANGLANDS, TIZ EASY and SUNNIVUE KNIGHT were affected by IMPERIAL SPIRIT shifting in. In these circumstances and with the chances of LANGLANDS, TIZ EASY and SUNNIVUE KNIGHT being extinguished, we exercise our discretion and disqualify IMPERIAL SPIRIT from 2^nd place. Amended placings are: 5, 6, 10, 8, 7.

The protest was determined prior to race 6 but due to that race being about to start and the stipendiary stewards still considering the possibility of further protests, notification of the result was given to the parties immediately after the conclusion of that race. After further consideration, the stipendiary stewards indicated they would not be proceeding with any further protests and payment of dividends was authorised in accordance with the outcome of the protest into IMPERIAL SPIRIT.

Geoff Hall Chairman

Neil Johnstone Member

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hearing_type: Old Hearing

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raceid: be1193a75078425ddf26b442d5962c1d

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race_title: Race 5

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meetid: ff37d8f544c27c21c1a76d6a3e05ac96

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meetdate: 30/11/2006

meet_title: Forbury Park TC - 30 November 2006

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name: Forbury Park TC