Winton HRC 14 April 2013 – R 12 (instigating a protest)
ID: JCA14985
Meet Title:
Winton HRC - 14 April 2013
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2013/04/14
Race Number:
R12
Decision:
Amended placings are:
1st - 11 The Wrath Of Robyn
2nd - 5 Cherokee Bromac
3rd - 9 Tact Charlotte
4th - 3 Nottingham JJ
5th - 13 Go The Stags
Dividends and stakes are to be paid accordingly.
Facts:
Mr Renault alleged that ASCOT BOY or its driver placed 2nd by the judge interfered with the chances of NOTTINGHAM JJ and SEAVIEW GOLD, placed 5th and 12 the by the judge. The interference occurred near the 800 metres mark.
Judge’s placings were:
1st - 11 The Wrath Of Robyn
2nd - 8 Ascot Boy
3rd - 5 Cherokee Bromac
4th - 9 Tact Charlotte
5th - 3 Nottingham JJ
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.
Mr Thomas stated that he represented the connections of ASCOT BOY.
Submissions for Decision:
Mr Renault demonstrated on the videos that ASCOT BOY, which had been out 3 wide had followed Mr Williamson when he had moved to a 2 wide position. There were 2 horses on the inside of Mr Thomas when he shifted down on the track. He said Mr Thomas was not clear of NOTTINGHAM JJ and SEAVIEW GOLD, which both broke and lost ground. He stated that both horses had established their positions inside Mr Thomas when he moved down. Indeed, he said that had been in their respective positions for quite a while before the incident happened. He said Mr Swain had been unable to move downwards on the track as the legs of Mr McLellan’s horse were inside his sulky.
Mr Renault called Mr Swain who stated that there had been contact, whether it was with the outside or inside horse, or both, he was not sure, but he had run out of room. When questioned by this committee, he was clear in his evidence that the pressure he had received was from his outside, not his inner.
Mr McLellan said he had received pressure from his outside. He did not know the source of that pressure, but the horse immediately on his outer was NOTTINGHAM JJ driven by Mr Swain. He said the consequence was that his horse was tightened up and broke. He did not believe his horse had run out.
Mr Thomas stated that he believed Mr McLellan’s horse was on retreat before he came across. He did not dispute there had been tightening but questioned whether SEAVIEW GOLD was hanging out a bit. He said Mr McLellan’s horse was not running true and had moved outwards when he had followed Mr Williamson to the 2 wide line. He emphasised that if there had been pressure from the outside he would have expected SEAVIEW GOLD to have hit a marker peg but it had not. He reiterated this would have happened had there not been room for 3 horses.
Reasons for Decision:
The evidence from Mr McLellan is clear. There was pressure from his outside. Mr Swain is also adamant that the tightening he received was a consequence of the horse on his outside, ASCOT BOY driven by Mr Thomas, moving downwards on the track. The video evidence also supports Mr Swain’s statement. There is no evidence supporting Mr Thomas’s contention that Mr McLellan’s horse moved out. Rather the videos demonstrate Mr Thomas moving from the 3 wide line to 2 wide and in the course of so doing, squeezing up NOTTINGHAM JJ for room. There was contact and both NOTTINGHAM JJ and SEAVIEW GOLD broke, losing ground.
In exercising our discretion to relegate ASCOT BOY to behind SEAVIEW GOLD we are satisfied that both NOTTINGHAM JJ and SEAVIEW GOLD received interference and that the source of that interference was downwards movement from ASCOT BOY when that horse was not sufficiently clear. The chances and progress of NOTTINGHAM JJ and SEAVIEW GOLD were clearly affected.
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: 9531a5a2097f77662aef3197cd614818
informantnumber: A2418
horsename: ASCOT BOY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/04/2013
hearing_title: Winton HRC 14 April 2013 - R 12 (instigating a protest)
charge:
facts:
Mr Renault alleged that ASCOT BOY or its driver placed 2nd by the judge interfered with the chances of NOTTINGHAM JJ and SEAVIEW GOLD, placed 5th and 12 the by the judge. The interference occurred near the 800 metres mark.
Judge’s placings were:
1st - 11 The Wrath Of Robyn
2nd - 8 Ascot Boy
3rd - 5 Cherokee Bromac
4th - 9 Tact Charlotte
5th - 3 Nottingham JJ
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.
Mr Thomas stated that he represented the connections of ASCOT BOY.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that ASCOT BOY, which had been out 3 wide had followed Mr Williamson when he had moved to a 2 wide position. There were 2 horses on the inside of Mr Thomas when he shifted down on the track. He said Mr Thomas was not clear of NOTTINGHAM JJ and SEAVIEW GOLD, which both broke and lost ground. He stated that both horses had established their positions inside Mr Thomas when he moved down. Indeed, he said that had been in their respective positions for quite a while before the incident happened. He said Mr Swain had been unable to move downwards on the track as the legs of Mr McLellan’s horse were inside his sulky.
Mr Renault called Mr Swain who stated that there had been contact, whether it was with the outside or inside horse, or both, he was not sure, but he had run out of room. When questioned by this committee, he was clear in his evidence that the pressure he had received was from his outside, not his inner.
Mr McLellan said he had received pressure from his outside. He did not know the source of that pressure, but the horse immediately on his outer was NOTTINGHAM JJ driven by Mr Swain. He said the consequence was that his horse was tightened up and broke. He did not believe his horse had run out.
Mr Thomas stated that he believed Mr McLellan’s horse was on retreat before he came across. He did not dispute there had been tightening but questioned whether SEAVIEW GOLD was hanging out a bit. He said Mr McLellan’s horse was not running true and had moved outwards when he had followed Mr Williamson to the 2 wide line. He emphasised that if there had been pressure from the outside he would have expected SEAVIEW GOLD to have hit a marker peg but it had not. He reiterated this would have happened had there not been room for 3 horses.
reasonsfordecision:
The evidence from Mr McLellan is clear. There was pressure from his outside. Mr Swain is also adamant that the tightening he received was a consequence of the horse on his outside, ASCOT BOY driven by Mr Thomas, moving downwards on the track. The video evidence also supports Mr Swain’s statement. There is no evidence supporting Mr Thomas’s contention that Mr McLellan’s horse moved out. Rather the videos demonstrate Mr Thomas moving from the 3 wide line to 2 wide and in the course of so doing, squeezing up NOTTINGHAM JJ for room. There was contact and both NOTTINGHAM JJ and SEAVIEW GOLD broke, losing ground.
In exercising our discretion to relegate ASCOT BOY to behind SEAVIEW GOLD we are satisfied that both NOTTINGHAM JJ and SEAVIEW GOLD received interference and that the source of that interference was downwards movement from ASCOT BOY when that horse was not sufficiently clear. The chances and progress of NOTTINGHAM JJ and SEAVIEW GOLD were clearly affected.
Decision:
Amended placings are:
1st - 11 The Wrath Of Robyn
2nd - 5 Cherokee Bromac
3rd - 9 Tact Charlotte
4th - 3 Nottingham JJ
5th - 13 Go The Stags
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, Mr R Swain - Driver of NOTTINGHAM J, Mr B McLellan - Driver of SEAVIEW GOLD
Respondent: Mr G Thomas - Licensed Open Horseman - Driver of ASCOT BOY
StipendSteward:
raceid: bab779c386c5e1f9815209f14d604bc8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
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