A Judges Inquiry took place in Race 1 at Flamboro Downs on Saturday, May 8, 2010, concerning two possible racing violations in the final quarter

– a break by #9 Condor (Scott Zeron) in the stretch and a possible pylon violation by #3 Courtneys Barbie (Paul MacKenzie) at the top of the stretch. (click here for the chart)

The protocol for double Inquiries is to work from the wire back, so the Judges first looked at the break of #9 Condor, who finished unofficially 5th.

The Judges referred to ORC Rule 22:27 when assessing the break by #9 Condor.

ORC Rule 22:27 reads, “When a horse breaks from its gait in a race the driver shall: (a) take the horse to the inside or outside of other horses where clearance exists; (b) properly attempt to pull the horse to its gait; and (c) continuously lose ground while on the break. If there has been no violation of (a), (b) or (c) above, the horse shall not be set back unless a contending horse on its gait is lapped on the hind quarter of the breaking horse at the finish, however, notwithstanding the foregoing, if interference caused by another driver(s) or horse(s) has caused the horse to be on a break at the finish, the Judges may, in their discretion, determine not to set the horse back even if a contending horse on its gait is lapped on the hind quarter of the breaking horse at the finish.”

When reviewing the Inquiry film, the Judges ruled that #9 Condor did not violate components (a), (b) or (c) of ORC Rule 22:27; however, #9 Condor was lapped at the wire by #7 Dodgy Dealer (Scott Coulter). The break in stride by #9 Condor was due to a hopple that broke approximately half-way down the stretch. Despite the broken equipment, the Judges must still place #9 Condor for a lapped on break, as the bolded section of ORC Rule 22:27 states above.

As a result, #9 Condor was 5th placed 6th for a lapped on break.

Next, the Judges reviewed the possible pylon violation by #3 Courtneys Barbie, who finished unofficially 2nd, at the top of the stretch.

The Judges referred to ORC Rule 18:08.02 while reviewing the Inquiry tape.

ORC Rule 18:08.02 reads, “if, at a racetrack which does not have a continuous solid hub rail, a horse while on stride or part of the horse’s sulky leaves the course by going inside the hub rail or other demarcation which constitutes the inside limits of the course, the offending horse shall be placed back where, in the opinion of the Judges, the action gave the horse an unfair advantage over other horses in the race, or the action helped the horse improve its position in the race. In addition, when an act of interference causes a horse or part of the horse’s sulky to cross the inside limits of the course, and the horse is placed by the Judges, the offending horse shall be placed behind the horse with which it interfered. Drivers, who in the opinion of the Judges, leave the racing strip when not forced to do so as a result of the actions of another driver and/or horse may be fined or suspended by the Judges.”

After reviewing the pan, front tower and back tower shots, and speaking to the driver of #3 Courtneys Barbie, Paul MacKenzie, the Judges determined that #3 Courtneys Barbie was inside two pylons, but was forced inside by #4 No Trump Hanover (Bill Megens). The back tower shows that #4 No Trump Hanover was bearing in around the turn, with his left wheel coming close to making contact with the right front leg of #3 Courtneys Barbie. It is at this time when #3 Courtneys Barbie goes inside the two pylons to avoid contact. The Judges ruled that when #3 Courtneys Barbie raced inside the two pylons, she did not gain any unfair advantage or pass any other horses to improve her position.

As a result, the Judges ruled that #3 Courtneys Barbie was not in violation of ORC Rule 18:08.02 and was made the official second-place finisher.

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