Forbury Park TC 14 May 2010 - R 10 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION         

Informant:  Mr P T Knowles - Stipendiary Steward

Defendant:  Mr K M Barron (Driver of VIENNA BROMAC)

Information No:  13355 – instigating a protest

Meeting:  Forbury Park Trotting Club

Date:  14 May 2010

Venue:  Forbury Park, Dunedin

Race:  10

Rule:  869 (8) (b)

Judicial Committee:  Mr A Dennis, Chairman – Mr David Steel, Committee Member

Plea:  N/A

Also Present: Mr C Allison - Stipendiary Steward, Mr J Dunn – Drive, DREAMONA’s LADY, Mr J Ruxton – Judicial Registrar

FACTS:

Following Race 10, an information instigating a protest was filed pursuant to Rule 869 (8) (b).

The informant, Mr P T Knowles, alleged that ‘rounding the first bend K M Barron (VIENNA BROMAC) shifted ground inwards forcing JAZMIN ROBYN (M P Jones) over several pylons with resulting interference to DREAMONA’S LADY (J R Dunn).

Rule 869 (8) (b) states that:

“The Judicial Committee may, in addition to any other penalty which may be imposed pursuant to Rule 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 of progress may have been affected thereby.”

Mr Knowles used video film to indicate where, in his opinion; Mr Barron was travelling outside Mr Jones who was in the trailing position.  Mr Knowles maintained that Mr Barron was forcing down on Mr Jones who in turn was forced to run inside and over the pylon markers.  Mr Knowles used film to demonstrate where some 19 markers were struck by Mr Jones’ horse and sulky.  Mr Knowles pointed out instances where these markers actually came loose and flew into the air – striking DREAMONA’S LADY (No. 10) driven by Mr John Dunn – causing this horse to break and lose all chance.  The flying marker pylons did in fact hit his horse and cause it to break.

Mr Jones stated that he was subject to downward pressure and that he was unaware that he had contacted so many pylons.  He did agree that, in his opinion, the incident was largely caused by the downward pressure caused by Mr Barron’s horse (VIENNA BROMAC).

Mr Barron also used video film to state his case, which essentially was that he felt that, after drawing 6 at the barrier; he pushed forward, racing outside Mr Jones’ horse.  He stated that Mr Jones’ horse was ‘running rough’ and that he could successfully gain the trailing position.  He felt that there was sufficient room to move inwards into the trailing position.

Mr Knowles (Stipendiary Steward) disputed this point, stating that in his opinion there was never enough space to successfully execute that movement.

The Committee adjourned to consider its decision.

DECISION:

The Committee decided to uphold the protest and to disqualify VIENNA BROMAC driven by Mr K M Brown.

REASONS:

1.  The Committee agreed that DREAMONA’S LADY was interfered with and that the flying pylons which struck that horse and caused it to break effectively extinguished all chances for that horse, which finished last.

2.  That Mr Barron, by attempting to gain the trail position, caused Mr Jones’ horse JAZMIN ROBYN to contact some 19 pylons and that at no time was there sufficient space for Mr Barron to move inwards safely.

A G Dennis               D Steel

CHAIR                       Committee Member

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