Winton HRC 8 September 2013 – R 4 (instigating a protest)
ID: JCA15161
Meet Title:
Winton HRC - 8 September 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/09/08
Race Number:
R 4
Decision:
In exercising our discretion and relegating MUSTANG behind CONICAL HILL we are satisfied both the chances and progress of CONICAL HILL were affected as a consequence of the interference that horse received through MUSTANG breaking in that the horse was forced 3 wide on the bend for a distance conservatively estimated at some 30 metres and then raced facing the breeze for the majority of the remainder of the race.
Amended placings are:
1st 4 MCARDLE ROYALE
2nd 2 THE HIGHLIGHT
3RD 8 RISING TIDE
4TH 6 CONICAL HILL
5TH 1 MUSTANG
Dividends and stakes are to be paid accordingly.
Facts:
Mr Allison alleged that in Race 4 the Winton Top Pub Mobile Pace with approximately 1400 metres to run horse number 1 MUSTANG (N Williamson) broke disrupting the field with horse number 6 CONICAL HILL (S Walkinshaw) being left in the parked position.
Mr Allison sought relegation of MUSTANG to behind CONICAL HILL pursuant to r 869(8)(b).
Judge's placings were:
1st 1 MUSTANG
2nd 4 MCARDLE ROYALE
3RD 2 THE HIGHLIGHT
4TH 8 RISING TIDE
5TH 6 CONICAL HILL
Margins were 1/2 head; 2 3/4L; 1 1/2L; nose; nose.
The relevant rule provides:
869(8)(b) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which 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, stipendiary steward, demonstrated on the videos that with approximately 1400 metres to run as the horses entered the bend out of the home straight MUSTANG, which was leading, broke and shifted ground outwards. MCARDLE ROYALE (Mr Barron) then moved to the lead and CONICAL HILL, which had been enjoying a run one out and one back was pushed 3 wide on the bend for a distance in excess of 30 metres before being left in the parked out position. CONICAL HILL continued to race one out without a trail until the horses entered the home straight. At that point CONICAL HILL commenced to tire and finished in 5th place a nose away from 4th. After settling, MUSTANG found the one out one back position for the remainder of the race and then finished on strongly in the run home to win.
Mr Allison emphasised that CONICAL HILL had lost the favoured one out one back position because of the field being disrupted when MUSTANG broke. He emphasised the margin between 4th and 5th was only a nose.
Mr Walkinshaw gave evidence that he found himself parked after MUSTANG, which had been leading, rolled out off the running line and broke briefly. He said he had been in the favoured one / one position prior to this. He said he did not believe being parked out had cost the horse that much as it tired quite early in the run home. However, he said he had only “just been nabbed” for 4th with the margin being only a nose. In response to questioning by the Committee, he said he had been forced 3 wide for some 30 to 40 metres when MUSTANG broke, before eventually sitting parked.
Mr Williamson, who had confirmed at the commencement of the hearing that he represented the connections of MUSTANG, said it would be an injustice to relegate that horse as its breaking had cost it more ground than CONICAL HILL had lost. He said he had elected to come out when MUSTANG broke so as to cause the least disruption to the field. He believed that Mr Barron may have elected to come round him anyway and he would have handed up the lead, so therefore MUSTANG breaking had not greatly changed the complexion of the race. He accepted that CONICAL HILL had raced 3 wide for 30 to 50 metres immediately after MUSTANG broke. However, he said that CONICAL HILL would have had to come out 3 wide to make a run at some point in the race.
Reasons for Decision:
We are satisfied that Mr Allison is correct when he submits that CONICAL HILL lost the favoured one out one back position because of interference that occurred when the field was disrupted as a result of MUSTANG breaking on the bend. CONICAL HILL was forced wide on the track, settled parked one out, and continued in that position for the remainder of the race, before tiring in the run home. The margin between CONICAL HILL, which finished 5th, and the 4th horse was only a nose. Under the Harness Racing relegation rule this is the key margin; not the distance between 1st and 5th.
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: 70f34a4314ce55e378210f2273d71930
informantnumber: A5936
horsename: MUSTANG
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/09/2013
hearing_title: Winton HRC 8 September 2013 - R 4 (instigating a protest)
charge:
facts:
Mr Allison alleged that in Race 4 the Winton Top Pub Mobile Pace with approximately 1400 metres to run horse number 1 MUSTANG (N Williamson) broke disrupting the field with horse number 6 CONICAL HILL (S Walkinshaw) being left in the parked position.
Mr Allison sought relegation of MUSTANG to behind CONICAL HILL pursuant to r 869(8)(b).
Judge's placings were:
1st 1 MUSTANG
2nd 4 MCARDLE ROYALE
3RD 2 THE HIGHLIGHT
4TH 8 RISING TIDE
5TH 6 CONICAL HILL
Margins were 1/2 head; 2 3/4L; 1 1/2L; nose; nose.
The relevant rule provides:
869(8)(b) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which 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, stipendiary steward, demonstrated on the videos that with approximately 1400 metres to run as the horses entered the bend out of the home straight MUSTANG, which was leading, broke and shifted ground outwards. MCARDLE ROYALE (Mr Barron) then moved to the lead and CONICAL HILL, which had been enjoying a run one out and one back was pushed 3 wide on the bend for a distance in excess of 30 metres before being left in the parked out position. CONICAL HILL continued to race one out without a trail until the horses entered the home straight. At that point CONICAL HILL commenced to tire and finished in 5th place a nose away from 4th. After settling, MUSTANG found the one out one back position for the remainder of the race and then finished on strongly in the run home to win.
Mr Allison emphasised that CONICAL HILL had lost the favoured one out one back position because of the field being disrupted when MUSTANG broke. He emphasised the margin between 4th and 5th was only a nose.
Mr Walkinshaw gave evidence that he found himself parked after MUSTANG, which had been leading, rolled out off the running line and broke briefly. He said he had been in the favoured one / one position prior to this. He said he did not believe being parked out had cost the horse that much as it tired quite early in the run home. However, he said he had only “just been nabbed” for 4th with the margin being only a nose. In response to questioning by the Committee, he said he had been forced 3 wide for some 30 to 40 metres when MUSTANG broke, before eventually sitting parked.
Mr Williamson, who had confirmed at the commencement of the hearing that he represented the connections of MUSTANG, said it would be an injustice to relegate that horse as its breaking had cost it more ground than CONICAL HILL had lost. He said he had elected to come out when MUSTANG broke so as to cause the least disruption to the field. He believed that Mr Barron may have elected to come round him anyway and he would have handed up the lead, so therefore MUSTANG breaking had not greatly changed the complexion of the race. He accepted that CONICAL HILL had raced 3 wide for 30 to 50 metres immediately after MUSTANG broke. However, he said that CONICAL HILL would have had to come out 3 wide to make a run at some point in the race.
reasonsfordecision:
We are satisfied that Mr Allison is correct when he submits that CONICAL HILL lost the favoured one out one back position because of interference that occurred when the field was disrupted as a result of MUSTANG breaking on the bend. CONICAL HILL was forced wide on the track, settled parked one out, and continued in that position for the remainder of the race, before tiring in the run home. The margin between CONICAL HILL, which finished 5th, and the 4th horse was only a nose. Under the Harness Racing relegation rule this is the key margin; not the distance between 1st and 5th.
Decision:
In exercising our discretion and relegating MUSTANG behind CONICAL HILL we are satisfied both the chances and progress of CONICAL HILL were affected as a consequence of the interference that horse received through MUSTANG breaking in that the horse was forced 3 wide on the bend for a distance conservatively estimated at some 30 metres and then raced facing the breeze for the majority of the remainder of the race.
Amended placings are:
1st 4 MCARDLE ROYALE
2nd 2 THE HIGHLIGHT
3RD 8 RISING TIDE
4TH 6 CONICAL HILL
5TH 1 MUSTANG
Dividends and stakes 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 S Walkinshaw - Open Horseman and driver of CONICAL HILL
Respondent: Mr N Williamson - Open Horseman and driver of MUSTANG
StipendSteward:
raceid: 4b20546ccc9df7202ffda995deb9168c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1b9aba24678387f6c45b1a8b73e02955
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/09/2013
meet_title: Winton HRC - 8 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Winton HRC