A Driver’s Objection was lodged in the 11th race at Georgian Downs on August 28, 2010
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Tony Kerwood, the driver of #17 Newton Angus, lodged the objection against Simon Allard, the driver of #18 Md Hardlys Success, stating that Allard scored in his position behind the gate. #17 Newton Angus finished unofficially fifth and #18 Md Hardlys Success was unofficially second. (click here for the chart)
The Judges referred to ORC Rules 22.03 (j) (iv)(vi) and 22.09 for the objection.
ORC Rule 22:03 reads:
“The starter shall have control of the horses from the formation of the post parade until a start has been determined. For purpose of this rule, the determination of the start is where the horses have passed the starting point and have been released by the starter.
(j) … In addition, the Judges may place the offending horse for a violation of subsections (j) (iii), (iv) or (vi) of this rule.
(iv) Coming to the starting gate in the wrong position.
(vi) Interference with another horse or driver during the start.”
ORC Rule 22:09 states:
“In the case of interference, collision, or violation of any rules, the offending horse may be placed back one or more positions in that heat or dash, and in the event of such collisions, interference or violation preventing any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings and the driver may be fined or suspended. If a horse is set back, it must be placed behind the horse with which it interfered. If an offending horse has interfered with a horse involved in a dead heat and the offending horse is set back, it must be placed behind the horses in the dead heat.”
The Judges viewed the pan shot for the objection and the video is available below.
As the pan shot shows, driver Simon Allard is following #7 Matou Rose (JR Plante) in the second tier instead of #8 Island Tide (Dan Clements), as this spot should have belonged to driver Tony Kerwood and #17 Newton Angus. Kerwood was in his correct position on the gate, but was forced to follow Allard and started in a third tier position. The Judges ruled that #18 Md Hardlys Success started in the wrong position on the gate and was in violation of ORC Rule 22:03 (j) (iv) (vi), and in doing so caused interference to #17 Newton Angus before the start. The Judges upheld the objection.
Due to the interference before the start, #17 Newton Angus became a full pari-mutual refund. Also, as the bolded section of ORC Rule 22.09 states, #18 Md Hardlys Success must be placed behind #17 Newton Angus. Therefore, #18 Md Hardlys Success was second placed fifth for causing interference before the start.
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