Timaru HRC – 11 May 2008 – Race 4
ID: JCA18561
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 11 May 2008
Race Date:
2008/05/11
Race Number:
Race 4
Decision: Following the running of race 4 the Stipendiary Stewards lodged an information against Mr P Young (Glory R) alleging that Mr Young forced Captain Bromac (T S Chmiel) to race wider on the track with approximately 1600 metres to run.
Following the running of race 4 the Stipendiary Stewards lodged an information against Mr P Young (Glory R) alleging that Mr Young forced Captain Bromac (T S Chmiel) to race wider on the track with approximately 1600 metres to run. The proceedings were defended.
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At the outset of the hearing the relevant rules were read to Mr Young who confirmed that he did not admit the breach and that he understood the rules.
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Ms K Williams, Stipendiary Steward, said that during the running of race 4 she was situated in the box at the top of the home straight and had a clear view of an incident that occurred with approximately 1600 metres to run in race 4.
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Ms Williams said that just prior to the incident Mr Jones (Lavros Conquest) was racing one out with Mr Young (Glory R) immediately behind. She said that she observed Mr Jones move his horse to a three wide position and that Mr Young followed Mr Jones’ horse out, at the same time Mr Chmiel was improving his horse, Captain Bromac, wider on the track. She said that at the time Mr Young moved out Mr Chmiel’s horse was alongside or in front of the sulky wheel of Glory R and that Mr Chmiel was entitled to make his run without being pushed wider on the track at that point. Ms Williams further said that on being moved wider Mr Chmiel immediately took hold of his horse and dropped into a position behind Mr Young’s horse. On returning to the birdcage Mr Chmiel indicated to her that his horse had been forced wider but that it did not affect his horse’s chances.
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Mr Young said that it was his view that Mr Chmiel’s horse stopped improving when it reached a point just forward of his sulky wheel and that on his own accord Mr Chmiel pulled back in and Mr Young did not feel that he had breached the rule. He said at the time of the incident Lavros Conquest (M Jones) had moved outward and forward and he had followed that horse.
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The side on video evidence of the incident was shown to the Committee and Ms Williams asked the Committee to note that at the point that Mr Chmiel took hold of his horse its nose was ahead of the sulky wheel of Mr Young’s horse. She also showed the back straight video, both Ms Williams and Mr Young agreed that video evidence was unhelpful.
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The Committee after giving consideration to the evidence of both parties in respect of the breach of rule 869 (6) (b) finds the charge proven and in arriving at that decision notes that Mr Young did not dispute that the nose of Captain Bromac was ahead of the sulky wheel of Glory R at the time he moved out forcing Captain Bromac to race wider. The Committee also finds that at the relevant time Glory R was moving forward. Having found the charge proven under that subsection the Committee makes no finding in respect of the alleged breach of sub section (c).
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After taking into account submissions of both parties, the incident itself and Mr Young’s clear driving record in respect of a breach of this rule over the last 12 months the Committee agrees that a fine only is appropriate and, accordingly, a fine of $150.00 is imposed.
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--
B Coombes
--CHAIRMAN
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: 08563ba51f3b9c5e25f2a3ea7004d062
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 11/05/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 11 May 2008 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 4 the Stipendiary Stewards lodged an information against Mr P Young (Glory R) alleging that Mr Young forced Captain Bromac (T S Chmiel) to race wider on the track with approximately 1600 metres to run.Following the running of race 4 the Stipendiary Stewards lodged an information against Mr P Young (Glory R) alleging that Mr Young forced Captain Bromac (T S Chmiel) to race wider on the track with approximately 1600 metres to run. The proceedings were defended.
----
At the outset of the hearing the relevant rules were read to Mr Young who confirmed that he did not admit the breach and that he understood the rules.
----
Ms K Williams, Stipendiary Steward, said that during the running of race 4 she was situated in the box at the top of the home straight and had a clear view of an incident that occurred with approximately 1600 metres to run in race 4.
----
Ms Williams said that just prior to the incident Mr Jones (Lavros Conquest) was racing one out with Mr Young (Glory R) immediately behind. She said that she observed Mr Jones move his horse to a three wide position and that Mr Young followed Mr Jones’ horse out, at the same time Mr Chmiel was improving his horse, Captain Bromac, wider on the track. She said that at the time Mr Young moved out Mr Chmiel’s horse was alongside or in front of the sulky wheel of Glory R and that Mr Chmiel was entitled to make his run without being pushed wider on the track at that point. Ms Williams further said that on being moved wider Mr Chmiel immediately took hold of his horse and dropped into a position behind Mr Young’s horse. On returning to the birdcage Mr Chmiel indicated to her that his horse had been forced wider but that it did not affect his horse’s chances.
----
Mr Young said that it was his view that Mr Chmiel’s horse stopped improving when it reached a point just forward of his sulky wheel and that on his own accord Mr Chmiel pulled back in and Mr Young did not feel that he had breached the rule. He said at the time of the incident Lavros Conquest (M Jones) had moved outward and forward and he had followed that horse.
----
The side on video evidence of the incident was shown to the Committee and Ms Williams asked the Committee to note that at the point that Mr Chmiel took hold of his horse its nose was ahead of the sulky wheel of Mr Young’s horse. She also showed the back straight video, both Ms Williams and Mr Young agreed that video evidence was unhelpful.
----
The Committee after giving consideration to the evidence of both parties in respect of the breach of rule 869 (6) (b) finds the charge proven and in arriving at that decision notes that Mr Young did not dispute that the nose of Captain Bromac was ahead of the sulky wheel of Glory R at the time he moved out forcing Captain Bromac to race wider. The Committee also finds that at the relevant time Glory R was moving forward. Having found the charge proven under that subsection the Committee makes no finding in respect of the alleged breach of sub section (c).
----
After taking into account submissions of both parties, the incident itself and Mr Young’s clear driving record in respect of a breach of this rule over the last 12 months the Committee agrees that a fine only is appropriate and, accordingly, a fine of $150.00 is imposed.
----
--
--
B Coombes
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.6.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 898ba2cb8a2ca738cff1ce2f4eebdc9d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e7912a4f1dac91ba9fb6d075c5db753a
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2008
meet_title: Timaru HRC - 11 May 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
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name: Timaru HRC