Forbury Park TC 7 April 2016 – R 2 (instigating a protest) – Chair, Prof G Hall
ID: JCA11444
Meet Title:
Forbury Park TC - 7 April 2016
Meet Chair:
GHall
Meet Committee Member 1:
GClapp
Race Date:
2016/04/07
Race Number:
R 2
Decision:
In these circumstances we dismiss the protest. Judge’s placings stand.
Stakes and dividends are to be paid accordingly.
Facts:
Mr Wallis alleged that in race 2 the respondent committed a breach of r 869(7A)(b) in that ONEDIN’S DELIGHT shifted inside the markers to gain a run to the inside of MAGICAL MURF near the 150 metres.
Mr Wallis sought disqualification pursuant to r 1003(2).
Judge’s placings were:
1st - 1 ONEDIN’S DELIGHT
2nd - 2 MISS STELLA
3rd - 8 ATOM EXPRESS
4th - 10 FRANCO TALLIS
The margin between 1st and 2nd was ¾ of a length.
Rule r 869(7A)(b) provides: Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line.
Submissions for Decision:
Mr Wallis demonstrated that with 150 metres to races Mr Dunn went for a run in the passing lane and, in so doing, a wheel of his cart brushed one pylon and went inside another. Mr Wallis alleged that there would not have been a full run for the respondent had he not gone over the marker. These being the circumstances, he submitted disqualification was appropriate.
Mr Dunn did not disagree that he had brushed a marker and had gone marginally inside another. He said at the time, however, he was not making ground. He accepted there was not a clear run for him at first but a run soon eventuated and he was waiting for it. He emphasised the winning margin, and the fact that ONEDIN’S DELIGHT had finished very strongly once it had a clear run. He emphasised he had not pulled the blinds or plugs on ONEDIN’S DELIGHT.
Mr Dunn had Mr Wallis freeze the head and side-on videos at the time his wheel went inside the marker. This evidenced the fact, he said, that he was not chasing his horse at the time, and indeed was grabbing hold.
Reasons for Decision:
We are satisfied the sulky wheel of ONEDIN’S DELIGHT has gone marginally inside one marker peg in the run home at the 140 metres mark. At this time ONEDIN’S DELIGHT was going for a run in the passing lane. However, Mr Dunn is correct when he says he did not go for his horse at this time and that once the horse got a clear run it won well. The margin was ¾ of a length and neither the blinds nor the plugs had been activated.
We have a discretion to exercise. We are not satisfied that ONEDIN’S DELIGHT won the race because the horse got a run to which it was not otherwise entitled when a sulky wheel of the horse went briefly inside one marker at the 140 metres mark. There was always going to be a passing lane run there for Mr Dunn.
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: 1c6af945abb7fa0cf3914cdcfe7c1328
informantnumber: A8071
horsename: ONEDIN'S DELIGHT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 08/04/2016
hearing_title: Forbury Park TC 7 April 2016 - R 2 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Mr Wallis alleged that in race 2 the respondent committed a breach of r 869(7A)(b) in that ONEDIN’S DELIGHT shifted inside the markers to gain a run to the inside of MAGICAL MURF near the 150 metres.
Mr Wallis sought disqualification pursuant to r 1003(2).
Judge’s placings were:
1st - 1 ONEDIN’S DELIGHT
2nd - 2 MISS STELLA
3rd - 8 ATOM EXPRESS
4th - 10 FRANCO TALLIS
The margin between 1st and 2nd was ¾ of a length.
Rule r 869(7A)(b) provides: Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis demonstrated that with 150 metres to races Mr Dunn went for a run in the passing lane and, in so doing, a wheel of his cart brushed one pylon and went inside another. Mr Wallis alleged that there would not have been a full run for the respondent had he not gone over the marker. These being the circumstances, he submitted disqualification was appropriate.
Mr Dunn did not disagree that he had brushed a marker and had gone marginally inside another. He said at the time, however, he was not making ground. He accepted there was not a clear run for him at first but a run soon eventuated and he was waiting for it. He emphasised the winning margin, and the fact that ONEDIN’S DELIGHT had finished very strongly once it had a clear run. He emphasised he had not pulled the blinds or plugs on ONEDIN’S DELIGHT.
Mr Dunn had Mr Wallis freeze the head and side-on videos at the time his wheel went inside the marker. This evidenced the fact, he said, that he was not chasing his horse at the time, and indeed was grabbing hold.
reasonsfordecision:
We are satisfied the sulky wheel of ONEDIN’S DELIGHT has gone marginally inside one marker peg in the run home at the 140 metres mark. At this time ONEDIN’S DELIGHT was going for a run in the passing lane. However, Mr Dunn is correct when he says he did not go for his horse at this time and that once the horse got a clear run it won well. The margin was ¾ of a length and neither the blinds nor the plugs had been activated.
We have a discretion to exercise. We are not satisfied that ONEDIN’S DELIGHT won the race because the horse got a run to which it was not otherwise entitled when a sulky wheel of the horse went briefly inside one marker at the 140 metres mark. There was always going to be a passing lane run there for Mr Dunn.
Decision:
In these circumstances we dismiss the protest. Judge’s placings stand.
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7A)(b) and 1003(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 641512b7096353c38be9449363da2786
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 502463f2a6807af8dd8df7eb299778f7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/04/2016
meet_title: Forbury Park TC - 7 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: GClapp
meet_pm2: none
name: Forbury Park TC