Nelson HRC 05 January 2014 – R9 (instigating a protest)
ID: JCA14279
Meet Title:
Nelson HRC - 5 January 2014
Meet Chair:
PWilliams
Race Date:
2014/01/05
Race Number:
R9
Decision:
The protest is dismissed. The confirmed placings as called by the Judge are:-
1st - Lauramegan (5)
2nd - Little Tess (8)
3rd - Candy Styx (10)
4th - Seven Point One(7)
5th - Fortunately (3).
Authorisation is given for the payment of all dividends and stakes.
Facts:
Following the running of race 9, the “Christian Cullen Canterbury Mare Speed Series Mobile Pace” Information A3212 instigating a protest was filed by Co-Chief Stipendiary Steward, Mr R Neal alleging a breach of Rule 869(4) and (4A) by LITTLE TESS driven by Mr T Chmiel. The information stated that “Horse number 8 placed 2nd by the Judge interfered with the chances of horse 3 placed 5th by the Judge (and that the) Interference (was caused when) racing into the 1st bend”.
The judge’s placings were:-
1st - Lauramegan (5)
2nd - Little Tess (8)
3rd - Candy Styx (10)
4th - Seven Point One(7)
5th - Fortunately (3).
Rule 869(4) states:- “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Rule 869(4A) states:- “No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.
For information, Rule 869(8) states:- The Judicial Committee may in addition to any other penalty 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 Wallis used the available films of the race to show that as the horses were approaching the first turn out of the home straight Mr Chmiel (Little Tess) could be seen in the 1/1 position with Mr Keast (Seven Point One) who racing in the “parked position” and slightly in front of Mr Chmiel. He also identified Ms Tomlinson (Fortunately) who was racing three places back on the running line. Mr Wallis said that Mr Chmiel angled inwards to try and get in the trail before Mr Keast could do so and in doing so forced Ms Tomlinson who was inside of Mr Chmiel over the track markers causing her horse to briefly break.
Mr Chmiel said he was clear of Ms Tomlinson when he elected to move inwards to the running line. He said Mr Keast was outside and behind the leader so he decided to move into the space created by Mr Keast but as he did so Mr Keast then moved in himself. He said he called out to Mr Keast who then pulled back but by then he was already in the gap created by Mr Keast. He said he had not made contact with Ms Tomlinson and in his view there was clear room when he made the initial move down to the running line. He said Ms Tomlinson broke because he (Mr Chmiel) took hold of his horse when Mr Keast momentarily moved in but by that time he was entitled to be in the gap, had nowhere else to go and therefore was not responsible for Ms Tomlinson’s horse breaking. He said the film clearly showed the head of Mr Keast’s horse angling in and then pulling back out after he called out to Mr Keast.
Ms Tomlinson said she saw space as horses inside of her broke approaching the first bend but as she moved up on the rail to try and get on the leaders back she suddenly ran out of room and ended up over the track markers and briefly breaking. She said her horse did not have hopples on as it paced better without them.
Mr Keast confirmed he felt he was always outside the leader’s wheel and that he had tried to move in to get to the trail but as soon as he heard Mr Chmiel call out he pulled back.
In summing up Mr Neal said Mr Chmiel had attempted to get on the back of the leader as the horses approached the first bend and in doing so thought he was clear of Ms Tomlinson on his inside. He said Mr Chmiel was required to be clear for the whole of the manouvre which he wasn’t because Ms Tomlinson had run out room and been forced over the track markers.. He said he did not think Mr Keast’s actions played a part in the incident because even though his horse’s head was momentarily turned inwards he still stayed outside Mr Dunn’s wheels. However, Mr Chmiel thought Mr Keast was going to move in and as a result had to take a hold and as a result of him easing Ms Tomlinson was placed in some trouble.
Reasons for Decision:
I have reviewed the films of the incident several times. They show that on the first bend Mr Chmiel was attempting to move down to the rail in an attempt to get on the leader’s back. As he did so he believed Mr Keast who was to his outside and in front of him was also trying to move down to the running line. Mr Chmiel called out to Mr Keast to pull back and he did so immediately. However, Mr Chmiel momentarily eased his horse thinking he was going to get into difficulties and in doing so caused Ms Tomlinson to run over the track markers and break for a few strides. Whilst Mr Keast remained outside the leader’s wheel it was not unreasonable for Mr Chmiel to believe in the brief instance he saw the head of Mr Keast’s horse angled in that he was going to run out of room and it was a natural reaction for him to ease back. Unfortunately for Ms Tomlinson she ran out of room when Mr Chmiel eased but her situation was not helped by the fact that her horse was racing without hopples.
For the reasons above I do not believe it can be conclusively said that Mr Chmiel was solely responsible for Ms Tomlinson’s horse being forced over the markers and breaking.
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: 6fe2b1087db3c5611ba14b1a78630bb4
informantnumber: A3212
horsename: LITTLE TESS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/01/2014
hearing_title: Nelson HRC 05 January 2014 - R9 (instigating a protest)
charge:
facts:
Following the running of race 9, the “Christian Cullen Canterbury Mare Speed Series Mobile Pace” Information A3212 instigating a protest was filed by Co-Chief Stipendiary Steward, Mr R Neal alleging a breach of Rule 869(4) and (4A) by LITTLE TESS driven by Mr T Chmiel. The information stated that “Horse number 8 placed 2nd by the Judge interfered with the chances of horse 3 placed 5th by the Judge (and that the) Interference (was caused when) racing into the 1st bend”.
The judge’s placings were:-
1st - Lauramegan (5)
2nd - Little Tess (8)
3rd - Candy Styx (10)
4th - Seven Point One(7)
5th - Fortunately (3).
Rule 869(4) states:- “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Rule 869(4A) states:- “No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.
For information, Rule 869(8) states:- The Judicial Committee may in addition to any other penalty 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 Wallis used the available films of the race to show that as the horses were approaching the first turn out of the home straight Mr Chmiel (Little Tess) could be seen in the 1/1 position with Mr Keast (Seven Point One) who racing in the “parked position” and slightly in front of Mr Chmiel. He also identified Ms Tomlinson (Fortunately) who was racing three places back on the running line. Mr Wallis said that Mr Chmiel angled inwards to try and get in the trail before Mr Keast could do so and in doing so forced Ms Tomlinson who was inside of Mr Chmiel over the track markers causing her horse to briefly break.
Mr Chmiel said he was clear of Ms Tomlinson when he elected to move inwards to the running line. He said Mr Keast was outside and behind the leader so he decided to move into the space created by Mr Keast but as he did so Mr Keast then moved in himself. He said he called out to Mr Keast who then pulled back but by then he was already in the gap created by Mr Keast. He said he had not made contact with Ms Tomlinson and in his view there was clear room when he made the initial move down to the running line. He said Ms Tomlinson broke because he (Mr Chmiel) took hold of his horse when Mr Keast momentarily moved in but by that time he was entitled to be in the gap, had nowhere else to go and therefore was not responsible for Ms Tomlinson’s horse breaking. He said the film clearly showed the head of Mr Keast’s horse angling in and then pulling back out after he called out to Mr Keast.
Ms Tomlinson said she saw space as horses inside of her broke approaching the first bend but as she moved up on the rail to try and get on the leaders back she suddenly ran out of room and ended up over the track markers and briefly breaking. She said her horse did not have hopples on as it paced better without them.
Mr Keast confirmed he felt he was always outside the leader’s wheel and that he had tried to move in to get to the trail but as soon as he heard Mr Chmiel call out he pulled back.
In summing up Mr Neal said Mr Chmiel had attempted to get on the back of the leader as the horses approached the first bend and in doing so thought he was clear of Ms Tomlinson on his inside. He said Mr Chmiel was required to be clear for the whole of the manouvre which he wasn’t because Ms Tomlinson had run out room and been forced over the track markers.. He said he did not think Mr Keast’s actions played a part in the incident because even though his horse’s head was momentarily turned inwards he still stayed outside Mr Dunn’s wheels. However, Mr Chmiel thought Mr Keast was going to move in and as a result had to take a hold and as a result of him easing Ms Tomlinson was placed in some trouble.
reasonsfordecision:
I have reviewed the films of the incident several times. They show that on the first bend Mr Chmiel was attempting to move down to the rail in an attempt to get on the leader’s back. As he did so he believed Mr Keast who was to his outside and in front of him was also trying to move down to the running line. Mr Chmiel called out to Mr Keast to pull back and he did so immediately. However, Mr Chmiel momentarily eased his horse thinking he was going to get into difficulties and in doing so caused Ms Tomlinson to run over the track markers and break for a few strides. Whilst Mr Keast remained outside the leader’s wheel it was not unreasonable for Mr Chmiel to believe in the brief instance he saw the head of Mr Keast’s horse angled in that he was going to run out of room and it was a natural reaction for him to ease back. Unfortunately for Ms Tomlinson she ran out of room when Mr Chmiel eased but her situation was not helped by the fact that her horse was racing without hopples.
For the reasons above I do not believe it can be conclusively said that Mr Chmiel was solely responsible for Ms Tomlinson’s horse being forced over the markers and breaking.
Decision:
The protest is dismissed. The confirmed placings as called by the Judge are:-
1st - Lauramegan (5)
2nd - Little Tess (8)
3rd - Candy Styx (10)
4th - Seven Point One(7)
5th - Fortunately (3).
Authorisation is given for the payment of all dividends and stakes.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4)(4A)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Wallis - Stipendiary Steward, Ms A Tomlinson- Open Horsewoman and Driver of FORTUNATELY, Mr J Keast - Open Horseman and Driver of SEVEN POINT ONE
Respondent: Mr T Chmiel - Open Horseman and Driver of LITTLE TESS
StipendSteward:
raceid: 3528a78c0bd07a25dc836769e40851a1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 75950819d79da0506a09292f0f1b901a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/01/2014
meet_title: Nelson HRC - 5 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: none
meet_pm2: none
name: Nelson HRC