Banks Peninsula TC 29 December 2010 – R 9 (instigating a protest)
ID: JCA11793
Meet Title:
Banks Peninsula TC - 29 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2010/12/29
Race Number:
R 9
Decision:
The protest was upheld and SEA STORM was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st 8 ROSERAIRE
2nd 16 GOLDEN AURA
3rd 3 ELENA DE GEROLSTEIN
4th 1 TYLER FRANCO
5th 13 IT IS MEE
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 9, Mustad New Zealand 3YO+ Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SEA STORM (S F Smolenski), placed 4th by the judge, on the grounds that “with approximately 900 metres to run, SEA STORM shifted INTERCEPTOR (B Weaver) wider resulting in the trailing MISS DORIE (J C Hay) breaking and losing its chance”.
Mr Smolenski was present at the hearing of the information and he indicated that he was authorised to represent the connections of SEA STORM at the protest hearing.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 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.
Submissions for Decision:
Mr Weaver told the Committee that he had been “trailing up well” with approximately 900 metres to race. Mr Smolenski was racing on his inside, also travelling well. Mr Smolenski then decided to come out and “whacked” him. Mr Weaver said that his horse then began to pace roughly and he was contacted by the runner behind. This would not have happened if Mr Smolenski had not elected to come out, Mr Weaver said. He described Mr Smolenski’s coming out as a “very severe movement”.
Mr Hay said that he had been trailing Mr Weaver. He noticed Mr Smolenski come out “quite severely” onto Mr Weaver’s horse. . Mr Weaver then came back on him and Mr Hay’s horse struck the inside sulky wheel of INTERCEPTOR. Mr Hay said that his horse galloped and lost all chance.
Mr S P Renault, Stipendiary Steward, then showed head-on and side-on video replays of the incident. He pointed out SEA STORM, driven by Mr Smolenski, racing 3-back on the markers with INTERCEPTOR one-out and one-back, racing outside of SEA STORM. MISS DORIE, driven by Mr Hay was racing on the back of INTERCEPTOR. He then pointed out Mr Smolenski move outwards away from the markers. This was a “very sharp and quick movement” which shifted Mr Weaver wider. Mr Weaver had no time to react. Mr Weaver’s horse then commenced to pace roughly and Mr Hay’s horse struck its sulky wheel, broke and lost all chance in the race. Mr Renault expressed the view that the breaking of MISS DORIE was a consequence of the actions of Mr Smolenski.
Mr Escott said that the Stewards were seeking disqualification of SEA STORM.
Mr Smolenski requested that the side-on replay be shown. He submitted that INTERCEPTOR was not on the back of the horse in front, and therefore he was able to push it out, and that he had pushed that horse out before it broke. It had “gone rough” beforehand. When asked by the Committee, Mr Weaver stated that could not have been trailing the runner in front any closer that he was.
Mr Smolenski submitted that, when he had come out, Mr Weaver was already “half out”. He submitted that Mr Weaver and the following runners were all “half carting”. He had come out because Mr Weaver was not “trailing up”. INTERCEPTOR had not galloped until after he had pushed it out, Mr Smolenski submitted. Mr Weaver’s horse had paced roughly because Mr Weaver was trying to keep him in.
Mr Escott submitted that it was the manner in which Mr Smolenski had come out that caused the interference to MISS DORIE.
Reasons for Decision:
The Committee found that when Mr Smolenski attempted to force Mr Weaver out with approximately 900 metres to race, he was not in a position to do so. He was only entitled to force Mr Weaver out if he could do so with safety and without causing interference. The Committee did not agree with Mr Smolenski that Mr Weaver was not keeping up. Furthermore, the outwards movement of Mr Smolenski was sudden and sharp. This was clearly stated by Messrs Weaver, Hay and Renault and was supported by the video evidence. The Committee was satisfied that this was the cause of Mr Weaver’s horse going off stride and, in turn, the cause of the interference to MISS DORIE.
Accordingly, the Committee was satisfied that SEA STORM caused interference to MISS DORIE , as alleged in the information, and further that the chances or progress of the latter runner were affected thereby, breaking and losing, as it did, all chance.
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: 2bf5e94b53de8b33757e4dc325da5c6a
informantnumber: 13718
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Banks Peninsula TC 29 December 2010 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, Mustad New Zealand 3YO+ Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SEA STORM (S F Smolenski), placed 4th by the judge, on the grounds that “with approximately 900 metres to run, SEA STORM shifted INTERCEPTOR (B Weaver) wider resulting in the trailing MISS DORIE (J C Hay) breaking and losing its chance”.
Mr Smolenski was present at the hearing of the information and he indicated that he was authorised to represent the connections of SEA STORM at the protest hearing.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Weaver told the Committee that he had been “trailing up well” with approximately 900 metres to race. Mr Smolenski was racing on his inside, also travelling well. Mr Smolenski then decided to come out and “whacked” him. Mr Weaver said that his horse then began to pace roughly and he was contacted by the runner behind. This would not have happened if Mr Smolenski had not elected to come out, Mr Weaver said. He described Mr Smolenski’s coming out as a “very severe movement”.
Mr Hay said that he had been trailing Mr Weaver. He noticed Mr Smolenski come out “quite severely” onto Mr Weaver’s horse. . Mr Weaver then came back on him and Mr Hay’s horse struck the inside sulky wheel of INTERCEPTOR. Mr Hay said that his horse galloped and lost all chance.
Mr S P Renault, Stipendiary Steward, then showed head-on and side-on video replays of the incident. He pointed out SEA STORM, driven by Mr Smolenski, racing 3-back on the markers with INTERCEPTOR one-out and one-back, racing outside of SEA STORM. MISS DORIE, driven by Mr Hay was racing on the back of INTERCEPTOR. He then pointed out Mr Smolenski move outwards away from the markers. This was a “very sharp and quick movement” which shifted Mr Weaver wider. Mr Weaver had no time to react. Mr Weaver’s horse then commenced to pace roughly and Mr Hay’s horse struck its sulky wheel, broke and lost all chance in the race. Mr Renault expressed the view that the breaking of MISS DORIE was a consequence of the actions of Mr Smolenski.
Mr Escott said that the Stewards were seeking disqualification of SEA STORM.
Mr Smolenski requested that the side-on replay be shown. He submitted that INTERCEPTOR was not on the back of the horse in front, and therefore he was able to push it out, and that he had pushed that horse out before it broke. It had “gone rough” beforehand. When asked by the Committee, Mr Weaver stated that could not have been trailing the runner in front any closer that he was.
Mr Smolenski submitted that, when he had come out, Mr Weaver was already “half out”. He submitted that Mr Weaver and the following runners were all “half carting”. He had come out because Mr Weaver was not “trailing up”. INTERCEPTOR had not galloped until after he had pushed it out, Mr Smolenski submitted. Mr Weaver’s horse had paced roughly because Mr Weaver was trying to keep him in.
Mr Escott submitted that it was the manner in which Mr Smolenski had come out that caused the interference to MISS DORIE.
reasonsfordecision:
The Committee found that when Mr Smolenski attempted to force Mr Weaver out with approximately 900 metres to race, he was not in a position to do so. He was only entitled to force Mr Weaver out if he could do so with safety and without causing interference. The Committee did not agree with Mr Smolenski that Mr Weaver was not keeping up. Furthermore, the outwards movement of Mr Smolenski was sudden and sharp. This was clearly stated by Messrs Weaver, Hay and Renault and was supported by the video evidence. The Committee was satisfied that this was the cause of Mr Weaver’s horse going off stride and, in turn, the cause of the interference to MISS DORIE.
Accordingly, the Committee was satisfied that SEA STORM caused interference to MISS DORIE , as alleged in the information, and further that the chances or progress of the latter runner were affected thereby, breaking and losing, as it did, all chance.
Decision:
The protest was upheld and SEA STORM was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st 8 ROSERAIRE
2nd 16 GOLDEN AURA
3rd 3 ELENA DE GEROLSTEIN
4th 1 TYLER FRANCO
5th 13 IT IS MEE
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: NR Escott Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Messrs SF Smolenski B Weaver and JC Hay Licensed Open Drivers, SP Renault Sitpendiary Steward
Respondent:
StipendSteward:
raceid: fb0ba30e60fded154f26404017e59a02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fc9bbec08783477e69d3445a54b161d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2010
meet_title: Banks Peninsula TC - 29 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Banks Peninsula TC