Banks Peninsula TC – 29 January 2007 – Race 12
ID: JCA21311
Hearing Type (Code):
harness-racing
Meet Title:
Banks Peninsula TC - 29 January 2007
Race Date:
2007/01/29
Race Number:
Race 12
Decision: --
Following the running of Race 12, "Thanks Richie McCaw" Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by BELLE EYRE (J F Curtin), placed 12th by the judge, against LEFT IN THE DARK (T S Chmiel), placed 2nd by the judge
--
DECISION AND REASONS:
--Following the running of Race 12, "Thanks Richie McCaw" Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by BELLE EYRE (J F Curtin), placed 12th by the judge, against LEFT IN THE DARK (T S Chmiel), placed 2nd by the judge, on the grounds of interference in that at the start LEFT IN THE DARK shifted up the track checking BELLE EYRE.
----Mr T S Chmiel, the driver, trainer and part-owner of LEFT IN THE DARK was present at the hearing of the information and he indicated that he represented the connections of that horse. Mr D J Anderson, another part-owner, was also present.
----Mr McIntyre called Mr J F Curtin to give evidence. He stated that, at the start (a 2170 metres standing start event), Mr Chmiel's horse ran out and checked his horse. His horse galloped after receiving that interference. Mr Curtin said that it was hard to say whether that interference had caused his horse to gallop. Mr Curtin estimated that his horse went into a gallop "6-10 strides" after contact was made. Mr Curtin said that he was not sure whether it was the interference that made his horse gallop. He was taking corrective action when the horse broke but the horse was "pacing true" he felt.
----Mr McIntyre said that he had observed the incident from the patrol box at the top of the straight, immediately behind the field. He said that, as the barrier was released, Mr Chmiel's horse, which had drawn 1, shifted up the track resulting in contact being made with Mr Curtin's horse, which had drawn 2. At the time contact was made, Mr Curtin's horse was in a pace and broke some time after the incident. He pointed it out on video replays of the start of the Race.
----Mr Chmiel stated that his horse shied at the barrier strand when it was released. He acknowledged that he had checked Mr Curtin's horse but, after he had checked him, Mr Curtin's horse had "got pacing again and galloped after". Mr Chmiel submitted that it could not be established whether that check had caused Mr Curtin's horse to break ? it may have broken in any event, he submitted. Most horses gallop when contact is made and not when they have paced for several strides after.
----Mr Anderson was given the opportunity to make a statement but did not wish to do so.
----The Committee, after a consideration of all of the evidence including the video evidence, was satisfied that there was interference caused by LEFT IN THE DARK to BELLE EYRE when the former ran out when the barrier was released. There was clearly contact made and Mr Curtin had to check his drive. Thereafter, Mr Curtin said that his horse did pace for some distance, 6-10 strides according to him, and this was supported by the video evidence and was not disputed by the Stipendiary Stewards. Therefore, the Committee was left in some doubt and was not satisfied that the subsequent breaking of Mr Curtin's horse was the direct consequence of the interference. Mr Curtin was not prepared to state that it was and was in some doubt. If the interference was not, or may not have been, the cause of Mr Curtin's horse's breaking, then the Committee cannot be satisfied that the chances of Mr Curtin's horse were affected by the interference. The protest was therefore dismissed and the placings for the Race stand.
----R G McKenzie
----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: 905b43d359a3a3f265422e0650018fbe
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/01/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Banks Peninsula TC - 29 January 2007 - Race 12
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 12, "Thanks Richie McCaw" Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by BELLE EYRE (J F Curtin), placed 12th by the judge, against LEFT IN THE DARK (T S Chmiel), placed 2nd by the judge
--
DECISION AND REASONS:
--Following the running of Race 12, "Thanks Richie McCaw" Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by BELLE EYRE (J F Curtin), placed 12th by the judge, against LEFT IN THE DARK (T S Chmiel), placed 2nd by the judge, on the grounds of interference in that at the start LEFT IN THE DARK shifted up the track checking BELLE EYRE.
----Mr T S Chmiel, the driver, trainer and part-owner of LEFT IN THE DARK was present at the hearing of the information and he indicated that he represented the connections of that horse. Mr D J Anderson, another part-owner, was also present.
----Mr McIntyre called Mr J F Curtin to give evidence. He stated that, at the start (a 2170 metres standing start event), Mr Chmiel's horse ran out and checked his horse. His horse galloped after receiving that interference. Mr Curtin said that it was hard to say whether that interference had caused his horse to gallop. Mr Curtin estimated that his horse went into a gallop "6-10 strides" after contact was made. Mr Curtin said that he was not sure whether it was the interference that made his horse gallop. He was taking corrective action when the horse broke but the horse was "pacing true" he felt.
----Mr McIntyre said that he had observed the incident from the patrol box at the top of the straight, immediately behind the field. He said that, as the barrier was released, Mr Chmiel's horse, which had drawn 1, shifted up the track resulting in contact being made with Mr Curtin's horse, which had drawn 2. At the time contact was made, Mr Curtin's horse was in a pace and broke some time after the incident. He pointed it out on video replays of the start of the Race.
----Mr Chmiel stated that his horse shied at the barrier strand when it was released. He acknowledged that he had checked Mr Curtin's horse but, after he had checked him, Mr Curtin's horse had "got pacing again and galloped after". Mr Chmiel submitted that it could not be established whether that check had caused Mr Curtin's horse to break ? it may have broken in any event, he submitted. Most horses gallop when contact is made and not when they have paced for several strides after.
----Mr Anderson was given the opportunity to make a statement but did not wish to do so.
----The Committee, after a consideration of all of the evidence including the video evidence, was satisfied that there was interference caused by LEFT IN THE DARK to BELLE EYRE when the former ran out when the barrier was released. There was clearly contact made and Mr Curtin had to check his drive. Thereafter, Mr Curtin said that his horse did pace for some distance, 6-10 strides according to him, and this was supported by the video evidence and was not disputed by the Stipendiary Stewards. Therefore, the Committee was left in some doubt and was not satisfied that the subsequent breaking of Mr Curtin's horse was the direct consequence of the interference. Mr Curtin was not prepared to state that it was and was in some doubt. If the interference was not, or may not have been, the cause of Mr Curtin's horse's breaking, then the Committee cannot be satisfied that the chances of Mr Curtin's horse were affected by the interference. The protest was therefore dismissed and the placings for the Race stand.
----R G McKenzie
----CHAIRMAN
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e7fa99a422a97c304664413b0c1ca29b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 646414921b44839eb196dd6d5bae535d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2007
meet_title: Banks Peninsula TC - 29 January 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Banks Peninsula TC