NZ Metro TC 31 July 2014 – R 8 (instigating a protest)
ID: JCA13892
Meet Title:
NZ Metro TC - 31 July 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/07/31
Race Number:
R8
Decision:
The protest was withdrawn.
It was ordered that dividends and stake monies be paid in accordance with the judge’s placings as above.
Facts:
Following the running of Race 8, The Breeders Golden Girls Series (Final) Mobile Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, on behalf of GLENFERRIE SUNBIRD (J R Dunn), placed 9th by the judge, against KOWHAI SUNRISE (T S Chmiel), placed 4th by the judge, on the grounds that “near the 700 metres T S Chmiel (KOWHAI SUNRISE) shifted out and bumped GLENFERRIE SUNBIRD (J R Dunn) which broke”.
Mr Chmiel was present at the hearing of the information, and he indicated that he was representing the connections of GLENFERRIE SUNBIRD at the protest hearing. Mr C D Edmonds, trainer of GLENFERRIE SUNBIRD, was also present.
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.
The judge’s placings were:
1st 1 Successful Woman
2nd 2 Lady Mackendon
3rd 9 Enthral
4th 7 Kowhai Sunrise
5th 6 Gogirl Bromac
Submissions for Decision:
Mr McIntyre said that the Stewards were alleging that, at approximately the 700 metres, Mr Chmiel shifted his horse wider on the track and made heavy contact with Mr Dunn’s horse which was improving on the back of ENTHRAL (M P Edmonds). Mr Dunn’s horse, GLENFERRIE SUNBIRD, broke and lost all chance.
Mr Dunn said that he was looking to get on the back of Mr Edmonds. As he got up alongside Mr Chmiel, he came out underneath him. The movement was “far too quick” and gave him or his horse no time, he said.
Mr McIntyre then showed video replays of the incident. He pointed out Mr Chmiel racing in 3rd last position entering the back straight. Directly outside of him was ENTHRAL and improving on the back of that runner was GLENFERRIE SUNBIRD. Mr Dunn attempted to follow the “train” up. Mr Chmiel attempted to shift out and came into contact with Mr Dunn, Mr McIntyre alleged.
In response to a question from Mr McIntyre, Mr Dunn said that, after looking at the replays, Mr Chmiel’s outward movement was not as abrupt as he had first thought. In fact, he said that it looked like “a fair pushout”. Mr Dunn said that Mr Chmiel’s sulky wheel had contacted his horse’s near hind leg.
Mr Chmiel said that he believed that he had come out slowly and was out before Mr Dunn’s horse galloped. He had come out gradually and there had been plenty of room to come out. He also believed that it was a “fair pushout”.
Mr McIntyre had Mr Dunn confirm that, after viewing the video replays, Mr Chmiel’s push out had been legitimate.
At that point in the hearing, Mr McIntyre sought leave of the Committee to withdraw the protest. Leave was granted accordingly.
Reasons for Decision:
Protest withdrawn.
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: 7d7cb25857ff5a527cb798af1c2914d7
informantnumber: A1596
horsename: Kowhai Sunrise
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/08/2014
hearing_title: NZ Metro TC 31 July 2014 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, The Breeders Golden Girls Series (Final) Mobile Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, on behalf of GLENFERRIE SUNBIRD (J R Dunn), placed 9th by the judge, against KOWHAI SUNRISE (T S Chmiel), placed 4th by the judge, on the grounds that “near the 700 metres T S Chmiel (KOWHAI SUNRISE) shifted out and bumped GLENFERRIE SUNBIRD (J R Dunn) which broke”.
Mr Chmiel was present at the hearing of the information, and he indicated that he was representing the connections of GLENFERRIE SUNBIRD at the protest hearing. Mr C D Edmonds, trainer of GLENFERRIE SUNBIRD, was also present.
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.
The judge’s placings were:
1st 1 Successful Woman
2nd 2 Lady Mackendon
3rd 9 Enthral
4th 7 Kowhai Sunrise
5th 6 Gogirl Bromac
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre said that the Stewards were alleging that, at approximately the 700 metres, Mr Chmiel shifted his horse wider on the track and made heavy contact with Mr Dunn’s horse which was improving on the back of ENTHRAL (M P Edmonds). Mr Dunn’s horse, GLENFERRIE SUNBIRD, broke and lost all chance.
Mr Dunn said that he was looking to get on the back of Mr Edmonds. As he got up alongside Mr Chmiel, he came out underneath him. The movement was “far too quick” and gave him or his horse no time, he said.
Mr McIntyre then showed video replays of the incident. He pointed out Mr Chmiel racing in 3rd last position entering the back straight. Directly outside of him was ENTHRAL and improving on the back of that runner was GLENFERRIE SUNBIRD. Mr Dunn attempted to follow the “train” up. Mr Chmiel attempted to shift out and came into contact with Mr Dunn, Mr McIntyre alleged.
In response to a question from Mr McIntyre, Mr Dunn said that, after looking at the replays, Mr Chmiel’s outward movement was not as abrupt as he had first thought. In fact, he said that it looked like “a fair pushout”. Mr Dunn said that Mr Chmiel’s sulky wheel had contacted his horse’s near hind leg.
Mr Chmiel said that he believed that he had come out slowly and was out before Mr Dunn’s horse galloped. He had come out gradually and there had been plenty of room to come out. He also believed that it was a “fair pushout”.
Mr McIntyre had Mr Dunn confirm that, after viewing the video replays, Mr Chmiel’s push out had been legitimate.
At that point in the hearing, Mr McIntyre sought leave of the Committee to withdraw the protest. Leave was granted accordingly.
reasonsfordecision:
Protest withdrawn.
Decision:
The protest was withdrawn.
It was ordered that dividends and stake monies be paid in accordance with the judge’s placings as above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: C D Edmonds, Licensed Public Trainer
Respondent: T S Chmiel, Licensed Open Horseman
StipendSteward:
raceid: ebcfc9e94057ba78532cddd4f20c92ac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1e2cc63091454cd99ede237c3ad01eff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2014
meet_title: NZ Metro TC - 31 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC