Akaroa TC 18 March 2012 – R 9 (instigating a protest)
ID: JCA14975
Meet Title:
Akaroa TC - 18 March 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/03/18
Race Number:
R 9
Decision:
On resuming the hearing we advised the parties that full reasons for our decision would be given later (see above) and that the protest was dismissed.
Facts:
Following the running of Race 9, the Christian Cullen At Wai-Eyre Farm Mobile Pace, an Information Instigating a Protest was filed by Mr T. S. Chmiel, the Licensed Trainer of “Tapestry Franco”, (2) which finished 4th in the race. The protest was against the 3rd placing of “Veras Twilight” (11).
The Judge’s placings in this race were as follows:
1st – Western Mist (1)
2nd – Riverboat Ning (4)
3rd – Veras Twilight (11)
4th – Tapestry Franco (2)
5th – Highway To Hell (4)
6th – Maddison Hill (10)
The Information reads as follows:
“I the above named informant allege that horse number (11) or its driver placed 3rd by the Judge interfered with the chances horse number (2) placed 4th by the Judge – interference rounding the home turn.”
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 “Tapestry Franco” were represented at this hearing by Mr T. S. Chmiel, the co-trainer of the horse, with the driver Miss A. D. Edmonds also being present. Mr L. R. Hanrahan, the trainer and part owner of “Shamrock Lass”, represented the interests of that horse, and the driver Mr T. M. Williams was also present.
Submissions for Decision:
This was a protest by the connections of “Tapestry Franco”, and Stipendiary Steward Mr Ray assisted with the video evidence.
Mr Chmiel gave evidence that rounding the bend into the home straight there had been contact between “Veras Twilight” and ”Tapestry Franco”, with the latter horse breaking and losing some ground. In the straight “Tapestry Franco” had run on and at the finish was a nose away from “Veras Twilight”.
Miss Edmonds gave evidence that the interference was caused when “Veras Twilight” crossed over too quickly. She said that she yelled out to Mr Williams at the time. There was contact between her horse’s front leg and Mr Williams’ sulky wheel. Video coverage of this incident was shown on many occasions.
Mr Williams gave evidence that he moved past “Tapestry Franco” on entering the home straight and that there was always enough room on his inside for that horse. He pointed out that “Tapestry Franco” had its head turned inwards, and this indicated to him that the horse was hanging out. Mr Williams also pointed out that there was a gap between his horse and the running rail from before the home turn and right up to the end of the race.
Mr Williams agreed that there had been contact as described by Miss Edmonds, but said this was caused by “Tapestry Franco” and not through his horse denying it racing room.
The Stipendiary Stewards had been present during this hearing, and Mr Ray was given the opportunity to comment on this matter. He said that it was inconclusive as to who had been responsible for the interference.
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 there was contact between the two horses on entering the home straight. There was no satisfactory evidence to decide whether Mr Williams had moved in, or whether Miss Edmonds’ horse had moved out. From the video evidence it appeared to us that there was always ample room for “Tapestry Franco on the inside of “Veras Twilight”.
For this protest to be successful we needed to find that the interference was caused by the actions of “Veras Twilight” or Mr Williams. We were not satisfied this was the case, and accordingly that the 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: 9420c8639ed11d4ba082b56daf21c284
informantnumber: A5240
horsename: VERAS TWILIGHT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/03/2012
hearing_title: Akaroa TC 18 March 2012 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, the Christian Cullen At Wai-Eyre Farm Mobile Pace, an Information Instigating a Protest was filed by Mr T. S. Chmiel, the Licensed Trainer of “Tapestry Franco”, (2) which finished 4th in the race. The protest was against the 3rd placing of “Veras Twilight” (11).
The Judge’s placings in this race were as follows:
1st – Western Mist (1)
2nd – Riverboat Ning (4)
3rd – Veras Twilight (11)
4th – Tapestry Franco (2)
5th – Highway To Hell (4)
6th – Maddison Hill (10)
The Information reads as follows:
“I the above named informant allege that horse number (11) or its driver placed 3rd by the Judge interfered with the chances horse number (2) placed 4th by the Judge – interference rounding the home turn.”
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 “Tapestry Franco” were represented at this hearing by Mr T. S. Chmiel, the co-trainer of the horse, with the driver Miss A. D. Edmonds also being present. Mr L. R. Hanrahan, the trainer and part owner of “Shamrock Lass”, represented the interests of that horse, and the driver Mr T. M. Williams was also present.
appealdecision:
isappeal:
submissionsfordecision:
This was a protest by the connections of “Tapestry Franco”, and Stipendiary Steward Mr Ray assisted with the video evidence.
Mr Chmiel gave evidence that rounding the bend into the home straight there had been contact between “Veras Twilight” and ”Tapestry Franco”, with the latter horse breaking and losing some ground. In the straight “Tapestry Franco” had run on and at the finish was a nose away from “Veras Twilight”.
Miss Edmonds gave evidence that the interference was caused when “Veras Twilight” crossed over too quickly. She said that she yelled out to Mr Williams at the time. There was contact between her horse’s front leg and Mr Williams’ sulky wheel. Video coverage of this incident was shown on many occasions.
Mr Williams gave evidence that he moved past “Tapestry Franco” on entering the home straight and that there was always enough room on his inside for that horse. He pointed out that “Tapestry Franco” had its head turned inwards, and this indicated to him that the horse was hanging out. Mr Williams also pointed out that there was a gap between his horse and the running rail from before the home turn and right up to the end of the race.
Mr Williams agreed that there had been contact as described by Miss Edmonds, but said this was caused by “Tapestry Franco” and not through his horse denying it racing room.
The Stipendiary Stewards had been present during this hearing, and Mr Ray was given the opportunity to comment on this matter. He said that it was inconclusive as to who had been responsible for the interference.
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 there was contact between the two horses on entering the home straight. There was no satisfactory evidence to decide whether Mr Williams had moved in, or whether Miss Edmonds’ horse had moved out. From the video evidence it appeared to us that there was always ample room for “Tapestry Franco on the inside of “Veras Twilight”.
For this protest to be successful we needed to find that the interference was caused by the actions of “Veras Twilight” or Mr Williams. We were not satisfied this was the case, and accordingly that the protest should be dismissed.
Decision:
On resuming the hearing we advised the parties that full reasons for our decision would be given later (see above) and that the protest was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr T S Chmiel - Licensed Trainer
JockeysandTrainer:
Otherperson:
PersonPresent: Miss A D Edmonds - Junior Horsewoman, Mr L R Hanrahan - Licensed Trainer
Respondent: Mr T M Williams - Junior Horseman
StipendSteward:
raceid: fa095db4c1fb2edf3afc7b206b41296e
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: c3e78ba70c2b23afc21a4c064726a7f5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/03/2012
meet_title: Akaroa TC - 18 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC