Banks Peninsula TC 21 March 2021 – R 1 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA14156
Meet Title:
Banks Peninsula TC - 21 March 2021
Meet Chair:
RMcKenzie
Race Date:
2021/03/21
Race Number:
R1
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s official placings as above.
Facts:
Following the running of Race 1, APS Machinery Limited Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against THE FUTURE (TS Chmiel), placed 3rd by the judge, on the grounds "that it galloped in excess of 50 metres in the final 200 metres of the race”.
Mr Chmiel was present at the protest hearing representing the connections of THE FUTURE. He indicated that the protest was contested.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(b) Any horse which breaks from its gait in the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).
The judge’s placings for the race were as follows:
1st - 5 Harbour Queen
2nd - 1 Go Marg
3rd - 9 The Future
4th - 2 Brandy and Dry
5th - 4 Inquizitive Man
Submissions for Decision:
Mr Renault showed a video replay of the final 200 metres of the race. He pointed out the 150-metres marker on the inside of the track. He alleged that, just passing that marker, THE FUTURE, which had led into the straight was maintaining the lead, went into a gallop. The horse continued on in a gallop to just past the marker on the inside of the track indicating the distance 100 metres from the finish – before settling back into its gait just past that marker, Mr Renault said.
Mr Renault submitted that the horse galloped for “only just over” 50 metres. The horse finished in 3rd placing. Mr Renault sought disqualification of THE FUTURE.
Mr Chmiel submitted that there was no true side-on video replay available to enable calculation of the exact distance and the camera angle was deceptive. He believed that the horse had not galloped for a distance of 50 metres or more.
Reasons for Decision:
The Committee has carefully viewed the available video replay a number of times and has listened to and considered the submissions of Mr Renault and Mr Chmiel. Having done that, the Committee cannot be satisfied, from viewing that video replay, that THE FUTURE had, after having broken from its gait near the 150 metres, continued on in the break for a distance of 50 metres or greater. As pointed out by Mr Chmiel, the camera angle made calculation of the distance that it did gallop very difficult.
The Committee is required to be more satisfied than not, of the distance galloped and there is some doubt about whether it was 50 metres or greater. In the view of the Committee, the distance was so close to 50 metres but, given the lack of satisfactory video evidence, it could not be satisfied that it was 50 metres or greater. The benefit of that doubt must go in favour of the horse and its placing.
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: a04ed86f32ac5cce17fe1084b618e02d
informantnumber: A13656
horsename: THE FUTURE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/03/2021
hearing_title: Banks Peninsula TC 21 March 2021 - R 1 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, APS Machinery Limited Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against THE FUTURE (TS Chmiel), placed 3rd by the judge, on the grounds "that it galloped in excess of 50 metres in the final 200 metres of the race”.
Mr Chmiel was present at the protest hearing representing the connections of THE FUTURE. He indicated that the protest was contested.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(b) Any horse which breaks from its gait in the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).
The judge’s placings for the race were as follows:
1st - 5 Harbour Queen
2nd - 1 Go Marg
3rd - 9 The Future
4th - 2 Brandy and Dry
5th - 4 Inquizitive Man
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the final 200 metres of the race. He pointed out the 150-metres marker on the inside of the track. He alleged that, just passing that marker, THE FUTURE, which had led into the straight was maintaining the lead, went into a gallop. The horse continued on in a gallop to just past the marker on the inside of the track indicating the distance 100 metres from the finish – before settling back into its gait just past that marker, Mr Renault said.
Mr Renault submitted that the horse galloped for “only just over” 50 metres. The horse finished in 3rd placing. Mr Renault sought disqualification of THE FUTURE.
Mr Chmiel submitted that there was no true side-on video replay available to enable calculation of the exact distance and the camera angle was deceptive. He believed that the horse had not galloped for a distance of 50 metres or more.
reasonsfordecision:
The Committee has carefully viewed the available video replay a number of times and has listened to and considered the submissions of Mr Renault and Mr Chmiel. Having done that, the Committee cannot be satisfied, from viewing that video replay, that THE FUTURE had, after having broken from its gait near the 150 metres, continued on in the break for a distance of 50 metres or greater. As pointed out by Mr Chmiel, the camera angle made calculation of the distance that it did gallop very difficult.
The Committee is required to be more satisfied than not, of the distance galloped and there is some doubt about whether it was 50 metres or greater. In the view of the Committee, the distance was so close to 50 metres but, given the lack of satisfactory video evidence, it could not be satisfied that it was 50 metres or greater. The benefit of that doubt must go in favour of the horse and its placing.
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s official placings as above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horses Regulation
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr TS Chmiel - Licensed Open Driver/Public Trainer
StipendSteward:
raceid: e1ede03dc7c29097fd7244742e748608
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7b2f09d03861c79f29b6b3288d9a65a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2021
meet_title: Banks Peninsula TC - 21 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: Banks Peninsula TC