Geraldine TC 28 November 2015 – R 3 (instigating a protest) – Chair, Mr S Ching
ID: JCA17418
Meet Title:
Geraldine TC - 28 November 2015
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2015/11/28
Race Number:
R 3
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 3, the Temuka Transport F&M Handicap Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr S Renault, alleging interference over the concluding stages by 1st placed, ROYAL COUNSEL (14), driven by Mr T Chmiel, to MACKENZIE (7), driven by Mr M Anderson, in that ROYAL COUNSEL ran outwards in the home straight hampering the chances of MACKENZIE.
The Judges placings in this race were as follows.
1st - ROYAL COUNSEL (14)
2nd - MACKENZIE (7)
3rd - EXPRESSIVE VICTOR (6)
4th - TUAPEKA ART (8)
5th - POCKET OF JEWELS (2)
6th - BREAK DANCE (11)
The official margin between 1st and 2nd was a ½ head.
Rule 869A(2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Mr Anderson was assisted at the hearing by Open Horseman, Mr G Smith. Mr Anderson indicated that he represented the connections of MACKENZIE. Mr T Chmiel, driver of ROYAL COUNSEL, was present at the hearing and he indicated that he was representing the connections of that horse.
Submissions for Decision:
Mr Renault gave evidence and showed the relevant films of the alleged interference which occurred over the concluding stages from the home turn. He pointed out ROYAL COUNSEL, driven by Mr Chmiel, in the lead and on the pylons at the home turn, with MACKENZIE, driven by Mr Anderson immediately on its outside. Mr Renault showed ROYAL COUNSEL begin to shift out shortly after entering the straight and continue shifting out over the final stages with MACKENZIE on its outer. He stated that there was no contact between the horses but Mr Anderson has had to shift his horse wider on the track to avoid ROYAL COUNSEL who continued to shift outwards. Mr Renault submitted that ROYAL COUNSEL had shifted out approximately 4 to 5 horse widths from the home turn. He said the official margin between 1st and 2nd was a ½ head.
Mr Anderson stated that there was no contact between the horses but that ROYAL COUNSEL had drifted outwards over the run home. He said that he did not have to stop driving his horse out at any stage but had had to steer his horse out to keep clear of ROYAL COUNSEL. He believed he was making ground on ROYAL COUNSEL over the final stages.
Mr Smith stated that MACKENZIE had had to cover more ground but that there was no contact between the horses and it was difficult to calculate if it had cost MACKENZIE.
Mr Chmiel stated that his horse shifted out initially at the home turn but that MACKENZIE had every opportunity to pass him throughout the straight thereafter. He said that the horses were never close together, there was no contact made and Mr Anderson did not stop driving his horse out at any stage. He also said that Mr Anderson did not at any stage have to correct his horse to avoid ROYAL COUNSEL.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that ROYAL COUNSEL had drifted outwards from the top of the straight from a leading pylon position to approximately 5 wide at the post. We were also satisfied that MACKENZIE, who was positioned immediately on the outside of ROYAL COUNSEL on the home turn was carried wider on the track by ROYAL COUNSEL over the concluding stages. The videos available confirmed that there was no contact between the horses and that there was always room between both runners over the concluding stages. We were also satisfied that Mr Anderson did not stop driving MACKENZIE out at any time over the concluding stages.
After taking all factors into consideration including the official margin between 1std and 2nd being a ½ head, the Committee was not satisfied, on the balance of probabilities, that but for the interference suffered to MACKENZIE by ROYAL COUNSEL, MACKENZIE would have beaten ROYAL COUNSEL. The Committee in using its discretion decided 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: e1333c17a1445a57e56f5cdb3d876ccb
informantnumber: A3629
horsename: ROYAL COUNSEL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/12/2015
hearing_title: Geraldine TC 28 November 2015 - R 3 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Temuka Transport F&M Handicap Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr S Renault, alleging interference over the concluding stages by 1st placed, ROYAL COUNSEL (14), driven by Mr T Chmiel, to MACKENZIE (7), driven by Mr M Anderson, in that ROYAL COUNSEL ran outwards in the home straight hampering the chances of MACKENZIE.
The Judges placings in this race were as follows.
1st - ROYAL COUNSEL (14)
2nd - MACKENZIE (7)
3rd - EXPRESSIVE VICTOR (6)
4th - TUAPEKA ART (8)
5th - POCKET OF JEWELS (2)
6th - BREAK DANCE (11)
The official margin between 1st and 2nd was a ½ head.
Rule 869A(2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Mr Anderson was assisted at the hearing by Open Horseman, Mr G Smith. Mr Anderson indicated that he represented the connections of MACKENZIE. Mr T Chmiel, driver of ROYAL COUNSEL, was present at the hearing and he indicated that he was representing the connections of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and showed the relevant films of the alleged interference which occurred over the concluding stages from the home turn. He pointed out ROYAL COUNSEL, driven by Mr Chmiel, in the lead and on the pylons at the home turn, with MACKENZIE, driven by Mr Anderson immediately on its outside. Mr Renault showed ROYAL COUNSEL begin to shift out shortly after entering the straight and continue shifting out over the final stages with MACKENZIE on its outer. He stated that there was no contact between the horses but Mr Anderson has had to shift his horse wider on the track to avoid ROYAL COUNSEL who continued to shift outwards. Mr Renault submitted that ROYAL COUNSEL had shifted out approximately 4 to 5 horse widths from the home turn. He said the official margin between 1st and 2nd was a ½ head.
Mr Anderson stated that there was no contact between the horses but that ROYAL COUNSEL had drifted outwards over the run home. He said that he did not have to stop driving his horse out at any stage but had had to steer his horse out to keep clear of ROYAL COUNSEL. He believed he was making ground on ROYAL COUNSEL over the final stages.
Mr Smith stated that MACKENZIE had had to cover more ground but that there was no contact between the horses and it was difficult to calculate if it had cost MACKENZIE.
Mr Chmiel stated that his horse shifted out initially at the home turn but that MACKENZIE had every opportunity to pass him throughout the straight thereafter. He said that the horses were never close together, there was no contact made and Mr Anderson did not stop driving his horse out at any stage. He also said that Mr Anderson did not at any stage have to correct his horse to avoid ROYAL COUNSEL.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that ROYAL COUNSEL had drifted outwards from the top of the straight from a leading pylon position to approximately 5 wide at the post. We were also satisfied that MACKENZIE, who was positioned immediately on the outside of ROYAL COUNSEL on the home turn was carried wider on the track by ROYAL COUNSEL over the concluding stages. The videos available confirmed that there was no contact between the horses and that there was always room between both runners over the concluding stages. We were also satisfied that Mr Anderson did not stop driving MACKENZIE out at any time over the concluding stages.
After taking all factors into consideration including the official margin between 1std and 2nd being a ½ head, the Committee was not satisfied, on the balance of probabilities, that but for the interference suffered to MACKENZIE by ROYAL COUNSEL, MACKENZIE would have beaten ROYAL COUNSEL. The Committee in using its discretion decided that the protest should be dismissed.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Anderson - Junior Horseman, Mr G Smith - Open Horseman
Respondent: Mr T Chmiel - Licenced Open Horseman
StipendSteward:
raceid: e9b12e31f6a9f99661444842aa66a69f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a901c9351e25607caa8adfd59d72ce3a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2015
meet_title: Geraldine TC - 28 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Geraldine TC