Archive Decision

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Geraldine TC – 1 December 2007 – Race 10

ID: JCA18761

Hearing Type:
Old Hearing

Rules:
869.8

Hearing Type (Code):
harness-racing

Meet Title:
Geraldine TC - 1 December 2007

Race Date:
2007/12/01

Race Number:
Race 10

Decision:

Following the running of race 10 an information instigating a protest was lodged by the Stipendiary Stewards under Rule 869 (8) alleging that with approximately 100 metres from the finishing line Bon Ton Boy interfered with the chances of Khawyn (J W Smolenski).



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DECISION & REASON

--

Following the running of race 10 an information instigating a protest was lodged by the Stipendiary Stewards under Rule 869 (8) alleging that with approximately 100 metres from the finishing line Bon Ton Boy interfered with the chances of Khawyn (J W Smolenski). The relevant rule reads:

------

"(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place ay horse which:

--
    --
      --

      --

    1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
    2. --

      --

      --

    3. may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses-
    4. --

--------

immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby."

--

--

In opening for the Informant Mr McIntyre said the Stipendiary Stewards allege that at approximately 100 metres from the finishing line Bon Ton Boy (J C Hay) moved in towards Khawyn causing that horse to be eased, he described the movement as a rolling in.

--

--

Mr Smolenski said that prior to the finishing line Bon Ton Boy had moved in towards him and as a result he momentarily took hold of Khawyn and also said he was unsure as to whether or not it affected its placing. He also said that from viewing the video evidence that Jazzee Valentine was finishing fast and both Bon Ton Boy and it would probably have finished ahead of him. He described it as a 50/50 call.

--

--

Mr B Gliddon, the trainer of Khawyn said that initially from his visual observation he thought there was substance to the protest, however, after viewing the video evidence he was less certain that he was from his visual observations.

--

--

Mr N Ydgren showed the incidence with the assistance of the video evidence which showed Bon Ton Boy coming through a gap outside Khawyn moving in and Mr Smolenski appearing to take hold momentarily of his horse.

--

--

Mr Hay, for his part, said that his horse was finishing fast, he was aware of a movement inwards, he attempted to straighten the horse with the use of the reins, however, he had crossed the reins and it took him longer to straighten his horse. He commented at the hearing that after the race he had said to Mr Smolenski that perhaps it was about time that he retired as he shouldn’t make such a mistake. Mr Hay further said that there was no contact between the two horses and he did not believe that the proximity of his horse to Mr Smolenski’s horse should have resulted in Mr Smolenski having to take hold of Khawyn.

--

--

The Committee, after reviewing the relevant rule notes that progress or chances of the horse Khawyn are the factors to be considered. The Committee finds that there was movement inwards by Bon Ton Boy towards Khawyn and that the progress of Khawyn was slightly affected, however, the Committee does have a discretion and on this occasion exercises that discretion taking into account:

--

--
    --

    --

  • the fast finishes of both Bon Ton Boy and Jazzee Valentine.
  • --

    --

    --

  • the minimal nature of interference
  • --

--

--

Accordingly the placings are confirmed as made by the Judge.

--

--

1st Our Jane (3)

--

2nd Bon Ton Boy (1)

--

3rd Jazzee Valentine (6)

--

4th Khawyn (2)

--

5th Little Joe (9)

--

6th Nigel Paul (8)

--

--

 

--

 

--

………………………

--

B Coombes

--

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: 1305b22e83b079c5e61d82ca89b0f521


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 01/12/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Geraldine TC - 1 December 2007 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of race 10 an information instigating a protest was lodged by the Stipendiary Stewards under Rule 869 (8) alleging that with approximately 100 metres from the finishing line Bon Ton Boy interfered with the chances of Khawyn (J W Smolenski).



--

DECISION & REASON

--

Following the running of race 10 an information instigating a protest was lodged by the Stipendiary Stewards under Rule 869 (8) alleging that with approximately 100 metres from the finishing line Bon Ton Boy interfered with the chances of Khawyn (J W Smolenski). The relevant rule reads:

------

"(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place ay horse which:

--
    --
    --

    --

  1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
  2. --

    --

    --

  3. may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses-
  4. --

--------

immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby."

--

--

In opening for the Informant Mr McIntyre said the Stipendiary Stewards allege that at approximately 100 metres from the finishing line Bon Ton Boy (J C Hay) moved in towards Khawyn causing that horse to be eased, he described the movement as a rolling in.

--

--

Mr Smolenski said that prior to the finishing line Bon Ton Boy had moved in towards him and as a result he momentarily took hold of Khawyn and also said he was unsure as to whether or not it affected its placing. He also said that from viewing the video evidence that Jazzee Valentine was finishing fast and both Bon Ton Boy and it would probably have finished ahead of him. He described it as a 50/50 call.

--

--

Mr B Gliddon, the trainer of Khawyn said that initially from his visual observation he thought there was substance to the protest, however, after viewing the video evidence he was less certain that he was from his visual observations.

--

--

Mr N Ydgren showed the incidence with the assistance of the video evidence which showed Bon Ton Boy coming through a gap outside Khawyn moving in and Mr Smolenski appearing to take hold momentarily of his horse.

--

--

Mr Hay, for his part, said that his horse was finishing fast, he was aware of a movement inwards, he attempted to straighten the horse with the use of the reins, however, he had crossed the reins and it took him longer to straighten his horse. He commented at the hearing that after the race he had said to Mr Smolenski that perhaps it was about time that he retired as he shouldn’t make such a mistake. Mr Hay further said that there was no contact between the two horses and he did not believe that the proximity of his horse to Mr Smolenski’s horse should have resulted in Mr Smolenski having to take hold of Khawyn.

--

--

The Committee, after reviewing the relevant rule notes that progress or chances of the horse Khawyn are the factors to be considered. The Committee finds that there was movement inwards by Bon Ton Boy towards Khawyn and that the progress of Khawyn was slightly affected, however, the Committee does have a discretion and on this occasion exercises that discretion taking into account:

--

--
    --

    --

  • the fast finishes of both Bon Ton Boy and Jazzee Valentine.
  • --

    --

    --

  • the minimal nature of interference
  • --

--

--

Accordingly the placings are confirmed as made by the Judge.

--

--

1st Our Jane (3)

--

2nd Bon Ton Boy (1)

--

3rd Jazzee Valentine (6)

--

4th Khawyn (2)

--

5th Little Joe (9)

--

6th Nigel Paul (8)

--

--

 

--

 

--

………………………

--

B Coombes

--

CHAIRMAN


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.8


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1abefab53e69d4f2162411d74b984db8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f7d96467f2f35c816373ef2a809641a5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/12/2007


meet_title: Geraldine TC - 1 December 2007


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Geraldine TC