Banks Peninsula TC 22 January 2012 – R 6 (instigating a protest)
ID: JCA13476
Meet Title:
Banks Peninsula TC - 22 January 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/01/22
Race Number:
R 6
Decision:
On resuming the hearing it was past the start time for Race 7. We advised the parties that a full written decision would be given later (see above), and that the protest was upheld and “Enoughs Enuff” was relegated from 1st to 10th place behind “My Lifesign”. The amended placings were as follows:
1st – Ratlock (16)
2nd – Trilby (2)
3rd – Delboy (6)
4th – Bon Jovi (12)
5th – Franco Envoy (3)
6th – The Lutts (11)
Facts:
Following the running of Race 6, the Advanced Joinery For Kitchens Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. P. Renault alleging interference by “Enoughs Enuff” (8), driven by Mr J. F. Curtin, to “My Lifesign” (5), driven by Mr K. L. Williams, and “Drum Major” (10) driven by Mr T. S. Chmiel.
The Judge’s placings in this race were as follows:
1st – Enoughs Enuff (8)
2nd – Ratlock (16)
3rd – Trilby (2)
4th – Delboy (6)
5th – Bon Jovi (12)
6th – Franco Envoy (3)
The Information reads as follows.
“This is a protest that horse number (8) or its driver placed 1st by the Judge interfered with the chances of horses 5 and 10, (in that) at about the 1000m mark Enoughs Enuff eased the pace causing the trailing “My Lifesign” and “Drum Major” to break and lose their chances.”
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 “Enoughs Enuff” were represented at this hearing by Mr J. F. Curtin, the driver of that horse. Mr K. L. Williams, the trainer and driver of “My Lifesign”, represented the interests of that horse, and Mr T. S. Chmiel, the driver of “Drum Major”, represented the interests of that horse.
Submissions for Decision:
Mr K. L. Williams gave evidence that at the time of this incident the pace was quite slow, and Mr Curtin seemed to be having difficulty in keeping “Enoughs Enuff” going. He was trailing this horse when it “propped” and stopped momentarily. At about the 1000 metre mark there was some “woodwork” on the inside of the track, and it seemed that “Enoughs Enuff” may have taken fright at this. As a result his horse ran into the back of “Enoughs Enuff” and broke, losing its chance in the race.
Mr Chmiel, the driver of “Drum Major” said that he was four back on the fence when this incident occurred, that he received interference, but that he did not really know what happened.
Mr Renault had Stipendiary Steward Mr Ydgren use video coverage of this incident to show that at about the 1000 metre mark, in this 2000 metre race, “Enoughs Enuff” was travelling quite slowly and appeared to pull up for a stride or two. Mr Curtin immediately pulled the “plugs” (removable deafeners) and urged his horse forward. However the damage had been done by this time.
Mr Curtin did not dispute the evidence, and said that it was “pretty unlucky” that it had caused problems. It seemed that his horse had taken fright at a wooden structure on the inside of the track.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and we had seen the video coverage of the incident on many occasions. We were satisfied that at about the 1000 metre mark ”Enoughs Enuff” pulled up for a stride or two, with the result that “My Lifesign”, which was trailing, ran into the back of it and broke losing its chance. When this happened Mr Curtin activated the removable deafeners and tried to get his horse to keep going. However this brief and unexpected stoppage by “Enoughs Enuff” did, we find, cause interference to “My Lifesign”.
Rule 869(8) provides that – “The Judicial Committee may …. place any horse which …. may have interfered with, …. the progress or chance of any other horse immediately after any horse …. which it may have gained an advantage or whose chances or progress may have been affected thereby.”
We were satisfied that the evidence was clear that there had been interference to “My Lifesign” and that the protest would be upheld.
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: 3be7f0c68130b9eaf7812f35aa117e4a
informantnumber: A5255
horsename: ENOUGHS ENUFF
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: Banks Peninsula TC 22 January 2012 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, the Advanced Joinery For Kitchens Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. P. Renault alleging interference by “Enoughs Enuff” (8), driven by Mr J. F. Curtin, to “My Lifesign” (5), driven by Mr K. L. Williams, and “Drum Major” (10) driven by Mr T. S. Chmiel.
The Judge’s placings in this race were as follows:
1st – Enoughs Enuff (8)
2nd – Ratlock (16)
3rd – Trilby (2)
4th – Delboy (6)
5th – Bon Jovi (12)
6th – Franco Envoy (3)
The Information reads as follows.
“This is a protest that horse number (8) or its driver placed 1st by the Judge interfered with the chances of horses 5 and 10, (in that) at about the 1000m mark Enoughs Enuff eased the pace causing the trailing “My Lifesign” and “Drum Major” to break and lose their chances.”
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 “Enoughs Enuff” were represented at this hearing by Mr J. F. Curtin, the driver of that horse. Mr K. L. Williams, the trainer and driver of “My Lifesign”, represented the interests of that horse, and Mr T. S. Chmiel, the driver of “Drum Major”, represented the interests of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr K. L. Williams gave evidence that at the time of this incident the pace was quite slow, and Mr Curtin seemed to be having difficulty in keeping “Enoughs Enuff” going. He was trailing this horse when it “propped” and stopped momentarily. At about the 1000 metre mark there was some “woodwork” on the inside of the track, and it seemed that “Enoughs Enuff” may have taken fright at this. As a result his horse ran into the back of “Enoughs Enuff” and broke, losing its chance in the race.
Mr Chmiel, the driver of “Drum Major” said that he was four back on the fence when this incident occurred, that he received interference, but that he did not really know what happened.
Mr Renault had Stipendiary Steward Mr Ydgren use video coverage of this incident to show that at about the 1000 metre mark, in this 2000 metre race, “Enoughs Enuff” was travelling quite slowly and appeared to pull up for a stride or two. Mr Curtin immediately pulled the “plugs” (removable deafeners) and urged his horse forward. However the damage had been done by this time.
Mr Curtin did not dispute the evidence, and said that it was “pretty unlucky” that it had caused problems. It seemed that his horse had taken fright at a wooden structure on the inside of the track.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and we had seen the video coverage of the incident on many occasions. We were satisfied that at about the 1000 metre mark ”Enoughs Enuff” pulled up for a stride or two, with the result that “My Lifesign”, which was trailing, ran into the back of it and broke losing its chance. When this happened Mr Curtin activated the removable deafeners and tried to get his horse to keep going. However this brief and unexpected stoppage by “Enoughs Enuff” did, we find, cause interference to “My Lifesign”.
Rule 869(8) provides that – “The Judicial Committee may …. place any horse which …. may have interfered with, …. the progress or chance of any other horse immediately after any horse …. which it may have gained an advantage or whose chances or progress may have been affected thereby.”
We were satisfied that the evidence was clear that there had been interference to “My Lifesign” and that the protest would be upheld.
Decision:
On resuming the hearing it was past the start time for Race 7. We advised the parties that a full written decision would be given later (see above), and that the protest was upheld and “Enoughs Enuff” was relegated from 1st to 10th place behind “My Lifesign”. The amended placings were as follows:
1st – Ratlock (16)
2nd – Trilby (2)
3rd – Delboy (6)
4th – Bon Jovi (12)
5th – Franco Envoy (3)
6th – The Lutts (11)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr KL Williams - Trainer and Driver of MY LIFESIGN, Mr TS Chmiel - Driver of DRUM MAJOR
Respondent: Mr JF Curtin - Open Horseman
StipendSteward:
raceid: cfc731bc522cc0da5b99d264bd616e22
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 78cc5f5d6301a00a9bcc67278afe9b91
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/01/2012
meet_title: Banks Peninsula TC - 22 January 2012
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