Banks Peninsula TC – 4 October 2009 –

hearingid: 62c7dc349ff73360aecc326d616fc859

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hearing_racingtype: harness-racing

startdate: 04/10/2009

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hearing_title: Banks Peninsula TC - 4 October 2009 -

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Following the running of Race 11, Southern Engineering Limited Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by HABARI (M Price), placed 13th by the judge, against CAPITAL GUEST (T S Chmiel), placed 2nd by the judge, on the ground of interference – “at the start CAPITAL GUEST has shifted outwards checking HABARI (M Price)”.

Following the running of Race 11, Southern Engineering Limited Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by HABARI (M Price), placed 13th by the judge, against CAPITAL GUEST (T S Chmiel), placed 2nd by the judge, on the ground of interference – “at the start CAPITAL GUEST has shifted outwards checking HABARI (M Price)”.

Mr T S Chmiel was present at the protest hearing and indicated that he was representing the connections of CAPITAL GUEST.

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.
 
Stipendiary Steward, Mrs K R Williams, showed video replays of the start of the Race, a 2170 metres standing start event. She pointed out CAPITAL GUEST, drawn No.6 on the front line and, immediately outside of it, HABARI, drawn No.7. After release of the barrier strand, CAPITAL GUEST galloped and ran out striking HABARI, which had paced away. CAPITAL GUEST then moved out again, still in a gallop, and Mrs Price was almost dislodged from the sulky, Mrs Williams alleged. HABARI was sent into a gallop and lost all chance in the Race. She alleged that, prior to the interference, HABARI was in a pace and would have continued to pace if the interference had not occurred. Both incidents of contact came from CAPITAL GUEST on the inside, Mrs Williams said.

Mrs Price stated that her horse had paced away. It was normally a good beginner, she said. She did not angle her horse inwards, she said. 

Mr Chmiel agreed that his horse had run out, when it shied at the tape and panicked, but Mrs Price had come across “half a length”. If Mrs Price had been in a straight line he would not have contacted it, Mr Chmiel said. He would have had a lot more room. His horse was “half to blame”. Mr Chmiel said that his horse had “gone enormous” considering the ground it had lost.

The Committee had listened to the evidence and submissions of the parties and had carefully viewed the video replays. The Committee was satisfied that there was interference by CAPITAL GUEST to HABARI shortly after the start, when the former broke and veered outwards making contact with HABARI on its outside. HABARI had, clearly, paced away but the contact from CAPITAL GUEST, in the Committee’s view, affected the chances or progress of that runner. HABARI was sent into a break as a result of the interference and lost all chance. The Committee rejected Mr Chmiel’s submission that HABARI had contributed to the incident by shifting in. In the Committee’s view, there was no undue movement from that runner.  

Accordingly, the protest was upheld and CAPITAL GUEST was relegated to 13th placing. Consequent upon the relegation, the amended placings for the Race are as follows:

1st    13  Slinky Bromac
2nd    3   Call Me Danny 
3rd   15   Ultimate Raider
4th   14   Mevagissey Mickey
5th   18   Born Lucky
6th   17   Spiderman
    
R G McKenzie                 P J Rosanowski
CHAIR                             Committee Member
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