Winton HRC 14 April 2013 – R 11 (instigating a protest)
ID: JCA13962
Meet Title:
Winton HRC - 14 April 2013
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2013/04/14
Race Number:
R11
Decision:
The protest is dismissed. The Judge’s placings are to stand. Dividends and stakes are to be paid accordingly.
Facts:
Mr Renault, stipendiary steward, alleged that horse number 2 SHORTY’S DESIRE or its driver placed 1st by the judge interfered with the chances of horse number 7 EL FERRARI, placed 2nd by the judge. The interference occurred over the concluding stages.
Judge’s placings were:
2 - Shorty’s Desire
7 - El Ferrari
1 - Windermere Lad
11 - Willys Boy
The winning margin was a head.
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:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(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.”
The Passing Lane Regulations provide:
“1(a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
Submissions for Decision:
Mr Renault demonstrated on the videos that SHORTY’S DESIRE, which had been trailing the leading horse into the home straight had made a run into the passing lane. Also making a run in the passing lane, but to the inside of SHORTY’S DESIRE, was EL FERRARI. He stated that at the top of the passing lane Mr Walkinshaw was clearly established in the lane to the inside of Mr Beck. He said Mr Walkinshaw had stayed outside the pylons for most of the passing lane, although he brushed almost every pylon. He alleged that Mr Walkinshaw had had to take hold during the last 50 metres. He said he believed that this was due to pressure on EL FERRARI from the sulky wheel of Mr Beck.
Mr Walkinshaw stated that he had obtained a run in the passing lane and was pushed over the last 2 markers by Mr Beck. He said he had established his position in the passing lane and was never able to drive his horse out to the winning post as a consequence of his running out of room and his chances of finishing ahead of SHORTY’S DESIRE were affected. He demonstrated that all the way down the straight he had not run over the makers, although he had brushed them, until he was pushed over the last two by Mr Beck.
Mr Beck stated that the passing lane was two feet wider at its top than at the end. He said this was why EL FERRARI had run out of room. He said he had a right to be in the passing lane as he was the trailing horse and he was established in the passing lane before Mr Walkinshaw came in. He said there was always going to be minimal room for Mr Walkinshaw as the passing lane was designed for only one horse. In particular, he demonstrated that EL FERRARI only got into the passing lane through knocking over the first pylon. He said had Mr Walkinshaw not done so, there would never have been room initially for Mr Walkinshaw to make a run in the passing lane. Mr Beck was adamant that his horse had not shifted ground. He said he was first in the passing lane and had utilised it to the winning post. The shape of the passing lane was such that Mr Walkinshaw was always going to run out of the room if he continued to mount a run inside SHORTY’S DESIRE.
Reasons for Decision:
Significantly, in our view, Mr Walkinshaw obtained a run in the passing lane through a breach of the rules in that he entered the passing lane early as a consequence of knocking over the pylon designating the commencement of the lane. The horse then makes a run on the inside of SHORTY’S DESIRE, brushing, but we accept not knocking over pylons until the last 50 metres of the passing lane. We note that almost immediately after entering the passing lane the inside wheel of EL FERRARI’s cart frequently intrudes inside an imaginary line that may be drawn between the marker pegs. In other words, the cart intrudes into the inside of the track.
Mr Renault never demonstrated on the videos that Mr Beck had changed ground over the final 50 metres of the race. All parties agreed that due to the shape of the passing lane that EL FERRARI was going to run out of room in the concluding portion of the lane. This is evident from the video which shows less and less room being available for EL FERRARI to continue to mount a run on the inside of SHORTY’S DESIRE. Eventually EL FERRARI runs over markers and runs out of room.
Mr Beck is adamant that he never deviated from a straight line after entering the passing lane and that the reason that EL FERRARI runs out of room is the shape of the lane itself. Mr Renault asks us to consider whether Mr Beck ran in, but he too refers to the difficulty with the shape of the passing lane. It is our view that the configuration of the passing lane is the reason that Mr Walkinshaw ran out of room at the end of the lane, and not any breach of the Rules or the Passing Lane Regulations by Mr Beck.
JCA Decision Fields (raw)
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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: 8553fc3bd719729671cc64be2a4a1bc2
informantnumber: A2417
horsename: SHORTY’S DESIRE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/04/2013
hearing_title: Winton HRC 14 April 2013 - R 11 (instigating a protest)
charge:
facts:
Mr Renault, stipendiary steward, alleged that horse number 2 SHORTY’S DESIRE or its driver placed 1st by the judge interfered with the chances of horse number 7 EL FERRARI, placed 2nd by the judge. The interference occurred over the concluding stages.
Judge’s placings were:
2 - Shorty’s Desire
7 - El Ferrari
1 - Windermere Lad
11 - Willys Boy
The winning margin was a head.
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:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(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.”
The Passing Lane Regulations provide:
“1(a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that SHORTY’S DESIRE, which had been trailing the leading horse into the home straight had made a run into the passing lane. Also making a run in the passing lane, but to the inside of SHORTY’S DESIRE, was EL FERRARI. He stated that at the top of the passing lane Mr Walkinshaw was clearly established in the lane to the inside of Mr Beck. He said Mr Walkinshaw had stayed outside the pylons for most of the passing lane, although he brushed almost every pylon. He alleged that Mr Walkinshaw had had to take hold during the last 50 metres. He said he believed that this was due to pressure on EL FERRARI from the sulky wheel of Mr Beck.
Mr Walkinshaw stated that he had obtained a run in the passing lane and was pushed over the last 2 markers by Mr Beck. He said he had established his position in the passing lane and was never able to drive his horse out to the winning post as a consequence of his running out of room and his chances of finishing ahead of SHORTY’S DESIRE were affected. He demonstrated that all the way down the straight he had not run over the makers, although he had brushed them, until he was pushed over the last two by Mr Beck.
Mr Beck stated that the passing lane was two feet wider at its top than at the end. He said this was why EL FERRARI had run out of room. He said he had a right to be in the passing lane as he was the trailing horse and he was established in the passing lane before Mr Walkinshaw came in. He said there was always going to be minimal room for Mr Walkinshaw as the passing lane was designed for only one horse. In particular, he demonstrated that EL FERRARI only got into the passing lane through knocking over the first pylon. He said had Mr Walkinshaw not done so, there would never have been room initially for Mr Walkinshaw to make a run in the passing lane. Mr Beck was adamant that his horse had not shifted ground. He said he was first in the passing lane and had utilised it to the winning post. The shape of the passing lane was such that Mr Walkinshaw was always going to run out of the room if he continued to mount a run inside SHORTY’S DESIRE.
reasonsfordecision:
Significantly, in our view, Mr Walkinshaw obtained a run in the passing lane through a breach of the rules in that he entered the passing lane early as a consequence of knocking over the pylon designating the commencement of the lane. The horse then makes a run on the inside of SHORTY’S DESIRE, brushing, but we accept not knocking over pylons until the last 50 metres of the passing lane. We note that almost immediately after entering the passing lane the inside wheel of EL FERRARI’s cart frequently intrudes inside an imaginary line that may be drawn between the marker pegs. In other words, the cart intrudes into the inside of the track.
Mr Renault never demonstrated on the videos that Mr Beck had changed ground over the final 50 metres of the race. All parties agreed that due to the shape of the passing lane that EL FERRARI was going to run out of room in the concluding portion of the lane. This is evident from the video which shows less and less room being available for EL FERRARI to continue to mount a run on the inside of SHORTY’S DESIRE. Eventually EL FERRARI runs over markers and runs out of room.
Mr Beck is adamant that he never deviated from a straight line after entering the passing lane and that the reason that EL FERRARI runs out of room is the shape of the lane itself. Mr Renault asks us to consider whether Mr Beck ran in, but he too refers to the difficulty with the shape of the passing lane. It is our view that the configuration of the passing lane is the reason that Mr Walkinshaw ran out of room at the end of the lane, and not any breach of the Rules or the Passing Lane Regulations by Mr Beck.
Decision:
The protest is dismissed. The Judge’s placings are to stand. Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Johnson - JCA Observer
Respondent: Mr A Beck - Licensed Open Horseman
StipendSteward:
raceid: 5abed8be9c3bf0700d9480e2d14b9f52
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ddc77433dca18e5834281befc8327a78
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/04/2013
meet_title: Winton HRC - 14 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Winton HRC