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Gore HRC 27 December 2013 – R 7 (instigating a protest)

ID: JCA16466

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Mr W Adams - Licensed Trainer of LIVE CHRISTIAN

Information Number:
A5744

Hearing Type:
Protest

Rules:
869(8)(b)

Meet Title:
Gore HRC - 27 December 2013

Meet Chair:
GHall

Meet Committee Member 1:
NSkelt

Race Date:
2013/12/27

Race Number:
R 7

Decision:

In these circumstances it is appropriate for us to exercise our discretion and to relegate LIVE CHRISTIAN to behind NOD D’OR.

Amended placings are:
1ST - 4 I SMART
2ND - 7 ULTRA SHOK
3RD - 2 PROVOCATIVE PRINCE
4th - 3 NOD D’OR
5th - 6 LIVE CHRISTIAN

Stakes and dividends are to be paid accordingly.

Facts:

Mr Allison alleged that just short of the finishing line in Race 7, the Mitre 10 Gore Mobile Pace, LIVE CHRISTIAN (T Williams) shifted ground inwards impeding NOD D’OR (B Williamson).

Judge’s placings were:
1ST - 4 I SMART
2ND - 7 ULTRA SHOK
3RD - 6 LIVE CHRISTIAN
4TH - 2 PROVOCATIVE PRINCE
5th - 3 NOD D’OR
The margin between 3rd and 4th was a ½ head, and the margin between 4th and 5th was a long neck.

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 videos that at approximately the 140 metres mark LIVE CHRISTIAN ran in a shade and, in so doing, impeded Mr Williamson. He said Mr Williamson had to take hold NOD D’OR, and was unable to drive the horse out at this point. He also demonstrated a second incident, which occurred about 30 metres from the line. Again LIVE CHRISTIAN had shifted inwards and Mr Williamson had to take hold.

Mr Armour assisted Mr Williamson. He emphasised that he believed the second incident was the more significant. Mr Armour pointed out that prior to this incident NOD D’OR had recovered from the check it had received as a result of LIVE CHRISTIAN shifting down on the track at the 140 metres and had steadily made ground on LIVE CHRISTIAN and was on level terms before again suffering interference through LIVE CHRISTIAN shifting down again. It was his belief that NOD D’OR was clearly finishing better than LIVE CHRISTIAN and the horse would have run third had Mr Williamson been able to drive the horse out.

Mr Williamson referred to the first incident. He believed he might have hit the wheel of the cart of LIVE CHRISTIAN. He said his horse was unbalanced from this time on and had done very well considering this fact. With respect to the second incident, he said most of the movement was from his outside but it was possible Mr Cox on his inside might have run out a shade. However, he was unable to demonstrate this latter fact on the videos.

Mr Adams, the trainer of LIVE CHRISTIAN, agreed that things had become tight. With reference to the incident at the 140 metres mark, he believed that NOD D’OR had contributed to the tightening by shifting out a little. That horse had never held its line, he said. He pointed out there was also room to the inside of NOD D’OR and Mr Williamson could have still made his run. He added LIVE CHRISTIAN had not shifted a lot and was going as straight as the other horses in the run home. He did not directly address the incident at the 30 metres mark.
Mr Williams, the driver of LIVE CHRISTIAN, stated that there was plenty of room to the inside of Mr Williamson at the 140 metres mark for Mr Williamson to run into. He also said he believed the contact between the wheels of the carts had occurred because Mr Williamson had come from behind him on an angled run.

Mr Allison summed up his case by saying that the wheel of NOD D’OR had clearly got behind that of LIVE CHRISTIAN and Mr Williamson had lost momentum as a result. This happened not once, but twice in the run home.

Reasons for Decision:

We are satisfied that NOD D’OR was tightened at the 140 metres mark and Mr Williamson was required briefly to take hold of his horse. This tightening was due principally to LIVE CHRISTIAN moving inwards on the track at this point in the run home. Mr Adams and Mr Williams allege that NOD D’OR also shifted ground. We can find little evidence of this on the video although we accept their second contention that there was room at this point in the race for Mr Williamson to have shifted down on the track and away from LIVE CHRISTIAN. However, Mr Williamson was entitled under the Rules to a straight run to the line without being hindered by sideways movement from LIVE CHRISTIAN. We are satisfied that any contribution by NOD D’OR to tightening at this point in the race was minimal.

Significantly, by the 30 metres mark NOD D’OR had recovered from the check at the 140 metres and had made ground to such an extent as to be almost on level terms with LIVE CHRISTIAN. At this point LIVE CHRISTIAN moves down on track again. Mr Williamson runs out of racing room, is forced to take hold and is unable to drive NOD D’OR out to the winning post. We do not believe Mr Cox contributed to this tightening in any way. The margin between 4th and 5th was a long neck. We are satisfied that both the chances and progress of NOD D’OR were affected at this point in the race through that horse receiving interference from LIVE CHRISTIAN.

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: b822e55eb2fc9af0fcbf618ad3e34bba


informantnumber: A5744


horsename: LIVE CHRISTIAN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 17/12/2013


hearing_title: Gore HRC 27 December 2013 - R 7 (instigating a protest)


charge:


facts:

Mr Allison alleged that just short of the finishing line in Race 7, the Mitre 10 Gore Mobile Pace, LIVE CHRISTIAN (T Williams) shifted ground inwards impeding NOD D’OR (B Williamson).

Judge’s placings were:
1ST - 4 I SMART
2ND - 7 ULTRA SHOK
3RD - 6 LIVE CHRISTIAN
4TH - 2 PROVOCATIVE PRINCE
5th - 3 NOD D’OR
The margin between 3rd and 4th was a ½ head, and the margin between 4th and 5th was a long neck.

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 videos that at approximately the 140 metres mark LIVE CHRISTIAN ran in a shade and, in so doing, impeded Mr Williamson. He said Mr Williamson had to take hold NOD D’OR, and was unable to drive the horse out at this point. He also demonstrated a second incident, which occurred about 30 metres from the line. Again LIVE CHRISTIAN had shifted inwards and Mr Williamson had to take hold.

Mr Armour assisted Mr Williamson. He emphasised that he believed the second incident was the more significant. Mr Armour pointed out that prior to this incident NOD D’OR had recovered from the check it had received as a result of LIVE CHRISTIAN shifting down on the track at the 140 metres and had steadily made ground on LIVE CHRISTIAN and was on level terms before again suffering interference through LIVE CHRISTIAN shifting down again. It was his belief that NOD D’OR was clearly finishing better than LIVE CHRISTIAN and the horse would have run third had Mr Williamson been able to drive the horse out.

Mr Williamson referred to the first incident. He believed he might have hit the wheel of the cart of LIVE CHRISTIAN. He said his horse was unbalanced from this time on and had done very well considering this fact. With respect to the second incident, he said most of the movement was from his outside but it was possible Mr Cox on his inside might have run out a shade. However, he was unable to demonstrate this latter fact on the videos.

Mr Adams, the trainer of LIVE CHRISTIAN, agreed that things had become tight. With reference to the incident at the 140 metres mark, he believed that NOD D’OR had contributed to the tightening by shifting out a little. That horse had never held its line, he said. He pointed out there was also room to the inside of NOD D’OR and Mr Williamson could have still made his run. He added LIVE CHRISTIAN had not shifted a lot and was going as straight as the other horses in the run home. He did not directly address the incident at the 30 metres mark.
Mr Williams, the driver of LIVE CHRISTIAN, stated that there was plenty of room to the inside of Mr Williamson at the 140 metres mark for Mr Williamson to run into. He also said he believed the contact between the wheels of the carts had occurred because Mr Williamson had come from behind him on an angled run.

Mr Allison summed up his case by saying that the wheel of NOD D’OR had clearly got behind that of LIVE CHRISTIAN and Mr Williamson had lost momentum as a result. This happened not once, but twice in the run home.


reasonsfordecision:

We are satisfied that NOD D’OR was tightened at the 140 metres mark and Mr Williamson was required briefly to take hold of his horse. This tightening was due principally to LIVE CHRISTIAN moving inwards on the track at this point in the run home. Mr Adams and Mr Williams allege that NOD D’OR also shifted ground. We can find little evidence of this on the video although we accept their second contention that there was room at this point in the race for Mr Williamson to have shifted down on the track and away from LIVE CHRISTIAN. However, Mr Williamson was entitled under the Rules to a straight run to the line without being hindered by sideways movement from LIVE CHRISTIAN. We are satisfied that any contribution by NOD D’OR to tightening at this point in the race was minimal.

Significantly, by the 30 metres mark NOD D’OR had recovered from the check at the 140 metres and had made ground to such an extent as to be almost on level terms with LIVE CHRISTIAN. At this point LIVE CHRISTIAN moves down on track again. Mr Williamson runs out of racing room, is forced to take hold and is unable to drive NOD D’OR out to the winning post. We do not believe Mr Cox contributed to this tightening in any way. The margin between 4th and 5th was a long neck. We are satisfied that both the chances and progress of NOD D’OR were affected at this point in the race through that horse receiving interference from LIVE CHRISTIAN.


Decision:

In these circumstances it is appropriate for us to exercise our discretion and to relegate LIVE CHRISTIAN to behind NOD D’OR.

Amended placings are:
1ST - 4 I SMART
2ND - 7 ULTRA SHOK
3RD - 2 PROVOCATIVE PRINCE
4th - 3 NOD D’OR
5th - 6 LIVE CHRISTIAN

Stakes and dividends 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 T Williams - Licensed Horseman driver of LIVE CHRISTIAN, Mr B Williamson - Junior Horseman driver of NOD D'OR Delete, Mr A Armour - assisting Mr Williamson


Respondent: Mr W Adams - Licensed Trainer of LIVE CHRISTIAN


StipendSteward:


raceid: 00ab22f767720dc73bd5302aa2f5c675


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: eed8adf6a582b3e7c3c4caf1bb26021a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/12/2013


meet_title: Gore HRC - 27 December 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: NSkelt


meet_pm2: none


name: Gore HRC