Akaroa TC 17 March 2013 – R 8 (instigating a protest)
ID: JCA12770
Meet Title:
Akaroa TC - 17 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/17
Race Number:
R8
Decision:
The protest was upheld, and ROXY BROMAC was relegated from 2nd place to 13th place. The amended places are as follows:
1st - ELLMER HANOVER (9)
2nd - MOTU CUP DAY CULLEN (12)
3rd - LIVE LEA (10)
4th - CHECHNYA (11)
5th - CAM BEFORE THE STORM (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 8, the Resource Recycling Akaroa Cup Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N G McIntyre alleging interference by ROXY BROMAC (6), driven by Miss J Young, to BUY CHEVRON DIRECT (14), driven by Mr T Chmiel.
The Judges' placings in this race were as follows.
1st -ELLMER HANOVER (9)
2nd - ROXY BROMAC (6)
3rd - MOTU CUP DAY CULLEN (12)
4th - LIVE LEA (10)
5th - CHECHNYA (11)
6th - CAM BEFORE THE STORM (1)
The Information reads as follows:
“That horse number 6, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 14, placed 13th by the Judge, as detailed below;
“In that interference occurred near the 400m when ROXY BROMAC struck the wheel of BUY CHEVRON DIRECT.”
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 ROXY BROMAC were represented at this hearing by Junior Horsewoman Miss J Young with the assistance of Mr P Young, and Mr T Chmiel, the driver of BUY CHEVRON DIRECT represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr McIntyre gave evidence and showed the video films of the relevant stages of the race, which showed ROXY BROMAC, driven by Miss Young in the trail of BUY CHEVRON DIRECT, driven by Mr Chmiel, who was racing in the parked position on the home turn by the 400m. BUY CHEVRON DIRECT drifted out slightly on the home turn leaving a gap, half a cart width, on its inner and with ROXY BROMAC full of running, Miss Young attempted to take this gap anticipating it would get larger. In this manoeuvre ROXY BROMAC struck the near side wheel of BUY CHEVRON DIRECT, causing the tyre and tube to puncture and eventually come off the rim. Mr Chmiel was observed to look down at his wheel immediately after the wheel was struck. Mr Chmiel, the driver of BUY CHEVRON DIRECT, gave evidence that his sulky wheel was struck by the horse behind him near the 400m.He said his tyre came off the rim and the tube wrapped around the wheel causing the wheel to lock up. He stated he was travelling not as well as the winner but still travelling well enough at this point in the race. He stated that this interference definitely affected his chances over the final stages.
Mr Young submitted that he did not believe that Miss Young was looking for a gap but when the partial gap presented itself, ROXY BROMAC, has seen the gap and had attempted to go through it on its own accord. He said that if BUY CHEVRON DIRECT and stayed on a true line coming into the straight and not shifted off presenting a partial gap, none of this would have happened. He stated that the horse had a history of seeing a gap and going for it. Miss Young stated that ROXY BROMAC had been hanging out around the top turn but when the gap presented itself the horse shifted inwards quickly in an attempt of its own accord to take the gap.
Reasons for Decision:
We carefully considered the evidence presented and the video coverage of the incident. The video evidence was conclusive and the Committee was satisfied that a partial gap had presented itself on the inside of BUY CHEVRON DIRECT when that horse shifted out slightly near the 400m. The Committee were also satisfied that ROXY BROMAC had struck the near side sulky wheel of BUY CHEVRON DIRECT, when attempting to take that partial gap, causing the tyre and tube to come adrift and wrap around the wheel. BUY CHEVRON DIRECT was traveling well and in contention when the incident occurred.
Taking into consideration all factors, the Committee was satisfied that due to the interference suffered to BUY CHEVRON DIRECT by ROXY BROMAC near the 400m, which clearly affected the progress or chance of BUY CHEVRON DIRECT, that the protest should be upheld.
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: 5660edb36b0ff94cffbe575c33e35040
informantnumber: A5285
horsename: ROXY BROMAC
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Akaroa TC 17 March 2013 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, the Resource Recycling Akaroa Cup Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N G McIntyre alleging interference by ROXY BROMAC (6), driven by Miss J Young, to BUY CHEVRON DIRECT (14), driven by Mr T Chmiel.
The Judges' placings in this race were as follows.
1st -ELLMER HANOVER (9)
2nd - ROXY BROMAC (6)
3rd - MOTU CUP DAY CULLEN (12)
4th - LIVE LEA (10)
5th - CHECHNYA (11)
6th - CAM BEFORE THE STORM (1)
The Information reads as follows:
“That horse number 6, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 14, placed 13th by the Judge, as detailed below;
“In that interference occurred near the 400m when ROXY BROMAC struck the wheel of BUY CHEVRON DIRECT.”
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 ROXY BROMAC were represented at this hearing by Junior Horsewoman Miss J Young with the assistance of Mr P Young, and Mr T Chmiel, the driver of BUY CHEVRON DIRECT represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and showed the video films of the relevant stages of the race, which showed ROXY BROMAC, driven by Miss Young in the trail of BUY CHEVRON DIRECT, driven by Mr Chmiel, who was racing in the parked position on the home turn by the 400m. BUY CHEVRON DIRECT drifted out slightly on the home turn leaving a gap, half a cart width, on its inner and with ROXY BROMAC full of running, Miss Young attempted to take this gap anticipating it would get larger. In this manoeuvre ROXY BROMAC struck the near side wheel of BUY CHEVRON DIRECT, causing the tyre and tube to puncture and eventually come off the rim. Mr Chmiel was observed to look down at his wheel immediately after the wheel was struck. Mr Chmiel, the driver of BUY CHEVRON DIRECT, gave evidence that his sulky wheel was struck by the horse behind him near the 400m.He said his tyre came off the rim and the tube wrapped around the wheel causing the wheel to lock up. He stated he was travelling not as well as the winner but still travelling well enough at this point in the race. He stated that this interference definitely affected his chances over the final stages.
Mr Young submitted that he did not believe that Miss Young was looking for a gap but when the partial gap presented itself, ROXY BROMAC, has seen the gap and had attempted to go through it on its own accord. He said that if BUY CHEVRON DIRECT and stayed on a true line coming into the straight and not shifted off presenting a partial gap, none of this would have happened. He stated that the horse had a history of seeing a gap and going for it. Miss Young stated that ROXY BROMAC had been hanging out around the top turn but when the gap presented itself the horse shifted inwards quickly in an attempt of its own accord to take the gap.
reasonsfordecision:
We carefully considered the evidence presented and the video coverage of the incident. The video evidence was conclusive and the Committee was satisfied that a partial gap had presented itself on the inside of BUY CHEVRON DIRECT when that horse shifted out slightly near the 400m. The Committee were also satisfied that ROXY BROMAC had struck the near side sulky wheel of BUY CHEVRON DIRECT, when attempting to take that partial gap, causing the tyre and tube to come adrift and wrap around the wheel. BUY CHEVRON DIRECT was traveling well and in contention when the incident occurred.
Taking into consideration all factors, the Committee was satisfied that due to the interference suffered to BUY CHEVRON DIRECT by ROXY BROMAC near the 400m, which clearly affected the progress or chance of BUY CHEVRON DIRECT, that the protest should be upheld.
Decision:
The protest was upheld, and ROXY BROMAC was relegated from 2nd place to 13th place. The amended places are as follows:
1st - ELLMER HANOVER (9)
2nd - MOTU CUP DAY CULLEN (12)
3rd - LIVE LEA (10)
4th - CHECHNYA (11)
5th - CAM BEFORE THE STORM (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: N G McIntyre-Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: P D Young-Public Trainer, T Chmiel - Driver of BUY CHEVRON DIRECT
Respondent: J J A Young-Junior Horsewoman
StipendSteward:
raceid: d1b227f290bfacabf8757fb230a07da2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b7fc8d25c111a078379d73e197abcd2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/03/2013
meet_title: Akaroa TC - 17 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC