Nelson HRC – 11 January 2008 – Race 9

hearingid: 83e6dfe5b0fe3ffbfc29378687fb13fa

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hearing_racingtype: harness-racing

startdate: 11/01/2008

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hearing_title: Nelson HRC - 11 January 2008 - Race 9

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Following the running of Race 9, a protest was lodged by the Stipendiary Stewards against horse number 6, Suzys Delight (M Jones), placed 2nd by the Judge, on the grounds of interference to horse number 10, Commander Turk

Following the running of Race 9, a protest was lodged by the Stipendiary Stewards against horse number 6, Suzys Delight (M Jones), placed 2nd by the Judge, on the grounds of interference to horse number 10, Commander Turk (C Thornley) with approximately 200metres to run.

The placings were: 1st - No 1, 2nd - 6, 3rd - 10, 4th - 7, 5th - 2 and the margins were 1 1/4 length, a head, a neck.

Presenting his evidence, Chief Stipendiary Steward, Mr Escott, asked driver Mr Thornley to explain what occurred over the concluding stages. He said that Mr Jones on his outside had run in, that he had been ‘squeezed up a wee bit’ but that he (Jones) pulled his horse out. Asked if his chances were affected, Mr Thornley said that whilst he was coming, he wasn’t coming quick and it was marginal. Asked if he was forced inside the pylons, he said he was, but only one, and that Mark (Jones) pulled his horse back out and he was clear. Again asked if his chances were affected, he said only briefly, ‘for two strides’.

Stipendiary Steward, Mr B Williams, then explained what he had seen from the top of the straight and, in doing so, he referred to the video. He pointed out the relative positions of the horses into the straight, and showed Mr Thornley move into a space inside Mr Jones. At this point, he said Mr Jones moved in and Mr Thornley’s wheel was forced inside one of the pylons and around another and he had to stop driving. Mr Williams said that, coming from 3-back into the straight, Mr Thornley had then improved all the way up the straight and the margin at the post was a head.

Asked by the chairman if he thought the actions of Mr Jones may have cost him finishing ahead of that horse, Mr Thornley said he couldn’t say. He said it was a 50/50 call, he was held up for a fraction but he didn’t have much speed and he wasn’t coming quick.

Mr Jones, in his account, said it was quite clear. He said, on watching the video, that he was always outside Mr Thornleys wheel. He said that, as the leader, as he came round the bend, he may have run out perhaps a half cart, not a full cart, but he straightened and was where he wanted to be on the course and kept a straight course. He said there was never a full run there (on the inside). And he said that Mr Thornley, in his evidence, said he may have been checked for a stride or two but he was only battling and he still couldn’t beat him.

He also added that Mr Butt (on Spirit in My Pocket, who was trailing) had the opportunity of progressing had there been a run, but there was never a full run there.

Mr Williams said that this wasn’t relevant and commented that Mr Butt came straight off Mr Jones’ back and didn’t wait to see if there was a run available or not and, in his view, there was a run available at the time.

Given the close proximity to the next race, the parties were advised that a brief decision would be given with a full decision available later.

This is a protest by horse number 10, Commander Turk (C.Thornley), placed 3rd by the Judge, against horse number 6, Suzys Delight (M.Jones), placed 2nd by the Judge, alleging interference with approximately 200metres to run.

Evidence was given by the Stipendiary Stewards that, on entering the straight, Mr Jones moved in slightly, forcing Mr Thornley onto the inside of the track and over a pylon, thus affecting his chances. Though the actions were confirmed by Mr Thornley, who said he was ‘squeezed up a bit’, he said that Mr Jones straightened up and, when asked if the actions of Mr Jones may have cost him finishing ahead of that horse, Mr Thornley said he couldn’t be sure. Mr Jones said there may have been some movement but there was never room on the inside for Mr Thornley.

This committee is to determine if interference occurred and, if so, the effect of that interference. I find, on the evidence and viewing the video, that Mr Jones did move in fractionally, which may have contributed to Mr Thornley going inside a pylon. However, there is some doubt as to whether there was sufficient room inside Mr Jones in the first place. Mr Jones’ movement was brief and he corrected straight away, and this was supported by Mr Thornley, who was not sure his chances were affected. I also note that Mr Jones was holding his own at the finish of the race.

Given the evidence, and notwithstanding the margins, I am not satisfied the movement was sufficient to alter the placings in the race. Mr Thornley himself was not sure his chances were affected. In the circumstances, the protest is dismissed, and the placings remain:-

1. 1 Spirit in My Pocket

2. 6 Suzys Delight

3. 10 Commander Turk

4. 7 Ligeira

5. 2 Foie Gras

P.H.Welch

Chairman

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raceid: 699a3e7ddba30acb9d85dcb1a1b22ac6

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race_title: Race 9

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meetdate: 11/01/2008

meet_title: Nelson HRC - 11 January 2008

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