NZ Metro TC – 13 December 2006 –

hearingid: b78ca8e69c730863467851f2582ad0e0

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hearing_racingtype: harness-racing

startdate: 13/12/2006

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hearing_title: NZ Metro TC - 13 December 2006 -

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Following the running of Race 7, the 123racing.com Mobile Pace, Stipendiary Steward Mr N. M. Ydgren laid an Information charging Mr T. S. Chmiel with a breach of Rule 857(7)(g) of failing to ensure his horse (Live A Vision) was in position on the mobile gate at dispatch.

Following the running of Race 7, the 123racing.com Mobile Pace, Stipendiary Steward Mr N. M. Ydgren laid an Information charging Mr T. S. Chmiel with a breach of Rule 857(7)(g) of failing to ensure his horse (Live A Vision) was in position on the mobile gate at dispatch.

Rule 857(7)(g) states:

Mr Chmiel indicated on the information that he did not admit this breach and advised the Committee that he understood the Rule.

Stipendiary Steward Mr B. Williams replayed the start on the video which showed Live a Vision being on the gate early in the run-up before drifting off to be 1-2 lengths behind the gate on dispatch. He pointed out that Mr Chmiel was showing no urgency in getting the horse up to the gate and explained the inconvenience caused to the trailing horse by virtue of Mr Chmiel's horse being off the gate.

Mr Chmiel stated this was the horse's second mobile start and in its first start the week before the horse was also slow away settling last. He said that he didn?t want to chase the horse out of the gate as he thought he was going rough and would probably have broken. He stated that the gear on the horse was not conducive to the horse making a fast beginning. He also asked the committee to note that the horse continued to drift after the start and settled a long way off the pace. He stated that he was driving the hot favourite and did not want to take the risk of pushing the horse too hard and losing all chance in the race. Trainer D. J. Anderson also confirmed that the horse is a rough goer that has little speed off the gate.

Stipendiary Steward Mr N. McIntyre replied that inherent flaws in the horse's personality do not come into consideration when it comes to this Rule that states that every horse shall be in position at the start. He also stressed the inconvenience caused to the horse that was on the second row behind him at the start.

We then adjourned and returned delivering the following oral decision:

"The Committee has heard evidence from Stipendiary Stewards, Driver T. S. Chmiel, Trainer D. J. Anderson and viewed the films.

We find that Live A Vision was on the gate early in the run-up but drifted back to be 1-2 lengths behind the gate at dispatch. Mr Chmiel gave evidence that he did not want to chase the horse up as he felt it could go rough and gallop. He continued to lose ground after the start settling some way off the pace. There was also evidence given that it was only the horse's second mobile start and that in its first start it was also slow away.

The charge is that Mr Chmiel failed to maintain his position on the gate. We are satisfied that the characteristics of the horse must be taken into account for a charge like this to succeed and we find that in this case Mr Chmiel has acted in the best interests of the horse and the betting public and had reasonable grounds to believe that his horse could have galloped had he chased the horse up early.

The charge is therefore dismissed."

R. A. Quirk

Chairman

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hearing_type: Old Hearing

Rules: 857.7.g

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