Banks Peninsula TC 28 November 2010 – R 10 (instigating a protest)
ID: JCA12856
Meet Title:
Banks Peninsula TC - 28 November 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2010/11/28
Race Number:
R 10
Decision:
On resuming the hearing we advised that a written decision with full reasons would be issued later, that the protest was dismissed, and that the Judge’s placings were confirmed.
Facts:
The Judges placings in this race were as follows.
1st – Samarias Bromac (4)
2nd – Woman In Black (2)
3rd – Katchafille (10)
4th – Lulabelle Midfrew (9)
5th – Secret Guest (12)
6th – Determined Lass (6)
The Information reads as follows.
“This is a protest by horse number (11) placed 11th by the Judge against horse number (10) placed 3rd by the Judge on the grounds of interference after approx. 200m.”
Rule 869(8) provides as follows.
“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.
The connections of “Katchafille” were represented at this hearing by trainer Mr D. J. Dunn, the driver, and Mr J. M. Howe, the trainer. Mr T. S. Chmiel, the driver of “Joys Underworld”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Ydgren called Mr T. S. Chmiel, the driver of “Joys Underworld”, to give evidence. He said that he was racing one off the fence and behind “Katchafille”, which was racing on the fence. He saw that the horse in front of “Katchafille” had broken, and he took hold of his horse to give Mr Dunn some room to avoid possible trouble. When he took hold his horse broke, but there was no contact between his horse and “Katchafille”. It was his opinion that his horse should not have broken in these circumstances.
Mr Ydgren gave evidence and used video coverage to illustrate this incident.
Mr Dunn gave evidence and said that he had seen that there was a breaking horse in front of him, and he eased his horse off the running line a little. He said he was aware that Mr Chmiel was on his outside, but does not believe he contributed to that horse breaking. When it did break there was room left for him to move fully out and avoid the breaking horse.
Mr Howe said that this was just a racing incident, and that no blame should be placed on Mr Dunn’s driving.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that Mr Dunn had eased his horse about half a sulky width off the fence at the time that “Joys Underworld” broke. The movement was gradual. We were also satisfied that there was no contact between “Katchafille” and “Joys Underworld”. We also placed considerable significance on Mr Chmiel’s evidence that his horse should not have broken when he took hold of it.
Taking all the above matters into account we decided that this protest should be dismissed.
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: 619adeb1ea5c6ad3a70a9a4002815010
informantnumber: 13716
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/11/2010
hearing_title: Banks Peninsula TC 28 November 2010 - R 10 (instigating a protest)
charge:
facts:
The Judges placings in this race were as follows.
1st – Samarias Bromac (4)
2nd – Woman In Black (2)
3rd – Katchafille (10)
4th – Lulabelle Midfrew (9)
5th – Secret Guest (12)
6th – Determined Lass (6)
The Information reads as follows.
“This is a protest by horse number (11) placed 11th by the Judge against horse number (10) placed 3rd by the Judge on the grounds of interference after approx. 200m.”
Rule 869(8) provides as follows.
“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.
The connections of “Katchafille” were represented at this hearing by trainer Mr D. J. Dunn, the driver, and Mr J. M. Howe, the trainer. Mr T. S. Chmiel, the driver of “Joys Underworld”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren called Mr T. S. Chmiel, the driver of “Joys Underworld”, to give evidence. He said that he was racing one off the fence and behind “Katchafille”, which was racing on the fence. He saw that the horse in front of “Katchafille” had broken, and he took hold of his horse to give Mr Dunn some room to avoid possible trouble. When he took hold his horse broke, but there was no contact between his horse and “Katchafille”. It was his opinion that his horse should not have broken in these circumstances.
Mr Ydgren gave evidence and used video coverage to illustrate this incident.
Mr Dunn gave evidence and said that he had seen that there was a breaking horse in front of him, and he eased his horse off the running line a little. He said he was aware that Mr Chmiel was on his outside, but does not believe he contributed to that horse breaking. When it did break there was room left for him to move fully out and avoid the breaking horse.
Mr Howe said that this was just a racing incident, and that no blame should be placed on Mr Dunn’s driving.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that Mr Dunn had eased his horse about half a sulky width off the fence at the time that “Joys Underworld” broke. The movement was gradual. We were also satisfied that there was no contact between “Katchafille” and “Joys Underworld”. We also placed considerable significance on Mr Chmiel’s evidence that his horse should not have broken when he took hold of it.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
On resuming the hearing we advised that a written decision with full reasons would be issued later, that the protest was dismissed, and that the Judge’s placings were confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr NM Ydgren
JockeysandTrainer:
Otherperson:
PersonPresent: Mr DJ Dunn, driver of "Katchafille", Mr JM Howe, trainer of "Katchafille", Mr TS Chmiel, direr of "Joys Underworld"
Respondent:
StipendSteward:
raceid: 60fadb113ab3456ae7c26f184e33bf90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cd3ab74aa6a6c924ceed55cdd8482be5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2010
meet_title: Banks Peninsula TC - 28 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC