NZ Metro TC 1 November 2013 – R 1 (instigating a Protest)
ID: JCA11785
Meet Title:
NZ Metro TC - 1 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/01
Race Number:
R1
Decision:
The protest was upheld, and BETABCOOL was relegated from 4th place to 9th place behind RISE AND SHINE. The amended places are as follows:
1st - LICENSE TO KILL (7)
2nd - DARK SIDE (5)
3rd - GETINBEHIND (2)
4th - DOCTOR MCDREAMY (9)
5th - ANGELAS IMAGE (8)
6th - TUBBY JIM (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, the Blair Orange Buys From Chevron Cars Direct Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr S Renault alleging interference by BETABECOOL (6), driven by Mr T Chmiel, who finished in 4th place, to RISE AND SHINE (3), driven by S Ottley.
The Judges placings in this race were as follows:
1st - LICENSE TO KILL (7)
2nd - DARK SIDE (5)
3rd - GETINBEHIND (2)
4th - BETABECOOL (6)
5th - DOCTOR MCDREAMY (9)
6th - ANGELAS IMAGE(8)
The Information reads as follows:
“That horse number 6, or its driver, placed 4th by the Judge, interfered with the chances of horse number 3 as detailed below;
“In that racing into the first turn BETABECOOL shifted down the track causing interference to RISE AND SHINE which galloped and lost ground.”
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 RISE AND SHINE were represented at this hearing by Licence To Train Holder, Mr D Jones and Junior Horsewoman, Miss S Ottley with Open Horseman, Mr T Chmiel representing the connections of BETABECOOL.
Submissions for Decision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly after the start and on the bend out of the back straight. With the assistance of Co-Chief Stipendiary Steward Mr N McIntyre, he pointed out BETABCOOL in a 3 wide position with RISE AND SHINE on its inner and GETINBEHIND on the pylons, racing towards the first bend. Mr McIntyre pointed out BETABCOOL hanging in when approaching the bend and on the apex of the bend shifting in tightening RISE AND SHINE who struck the wheel of BETABCOOL and broke losing all chance. Mr Renault submitted that the videos clearly show BETABCOOL was not clear when shifting in and tightening RISE AND SHINE.
Miss Ottley gave evidence that racing into the first bend and on the point of the bend, it got tight after the runners on the outside shifted in. Miss Ottley stated that she observed BETABCOOL, immediately on her outer, hanging inwards. She said that BETABCOOL shifted in until contact was made causing RISE AND SHINE to break.
Mr Chmiel gave evidence that LICENSE TO KILL who was racing on outside of BETABCOOL also shifted in and contributed to the incident. He stated that his horse was hanging in but he was turning his horses head out in order to try and protect the inside runners as he could see what was going to happen on the point of the turn.
Mr Renault in response to Mr Chmiel’s evidence was to point out on the video the clear gap between LICENSE TO KILL and BETABCOOL when racing into the bend.
Mr Jones submitted that Mr Chmiel had made every endeavour to keep his drive off RISE AND SHINE but that it was clear that BETABCOOL had caused interference to RISE AND SHINE.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that BETABCOOL was hanging in approaching the bend out of the back straight and that on the point of the turn shifted in tightening RISE AND SHINE until that horse made contact with the wheel of BETABCOOL causing RISE AND SHINE to break and lose all chance. We were also satisfied that there was a clear gap between BETABCOOL and LICENSE TO KILL racing into the bend and believe that horse did not contribute to the incident.
Taking into consideration all factors, the Committee were satisfied that BETABCOOL had caused interference to RISE AND SHINE causing that horse to break. The Committee was also satisfied that the protest should be upheld and BETABCOOL relegated.
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: 269723ca44ecd88a1fc3e4bfa03cd880
informantnumber: A1995
horsename: BETABECOOL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/11/2013
hearing_title: NZ Metro TC 1 November 2013 - R 1 (instigating a Protest)
charge:
facts:
Following the running of Race 1, the Blair Orange Buys From Chevron Cars Direct Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr S Renault alleging interference by BETABECOOL (6), driven by Mr T Chmiel, who finished in 4th place, to RISE AND SHINE (3), driven by S Ottley.
The Judges placings in this race were as follows:
1st - LICENSE TO KILL (7)
2nd - DARK SIDE (5)
3rd - GETINBEHIND (2)
4th - BETABECOOL (6)
5th - DOCTOR MCDREAMY (9)
6th - ANGELAS IMAGE(8)
The Information reads as follows:
“That horse number 6, or its driver, placed 4th by the Judge, interfered with the chances of horse number 3 as detailed below;
“In that racing into the first turn BETABECOOL shifted down the track causing interference to RISE AND SHINE which galloped and lost ground.”
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 RISE AND SHINE were represented at this hearing by Licence To Train Holder, Mr D Jones and Junior Horsewoman, Miss S Ottley with Open Horseman, Mr T Chmiel representing the connections of BETABECOOL.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly after the start and on the bend out of the back straight. With the assistance of Co-Chief Stipendiary Steward Mr N McIntyre, he pointed out BETABCOOL in a 3 wide position with RISE AND SHINE on its inner and GETINBEHIND on the pylons, racing towards the first bend. Mr McIntyre pointed out BETABCOOL hanging in when approaching the bend and on the apex of the bend shifting in tightening RISE AND SHINE who struck the wheel of BETABCOOL and broke losing all chance. Mr Renault submitted that the videos clearly show BETABCOOL was not clear when shifting in and tightening RISE AND SHINE.
Miss Ottley gave evidence that racing into the first bend and on the point of the bend, it got tight after the runners on the outside shifted in. Miss Ottley stated that she observed BETABCOOL, immediately on her outer, hanging inwards. She said that BETABCOOL shifted in until contact was made causing RISE AND SHINE to break.
Mr Chmiel gave evidence that LICENSE TO KILL who was racing on outside of BETABCOOL also shifted in and contributed to the incident. He stated that his horse was hanging in but he was turning his horses head out in order to try and protect the inside runners as he could see what was going to happen on the point of the turn.
Mr Renault in response to Mr Chmiel’s evidence was to point out on the video the clear gap between LICENSE TO KILL and BETABCOOL when racing into the bend.
Mr Jones submitted that Mr Chmiel had made every endeavour to keep his drive off RISE AND SHINE but that it was clear that BETABCOOL had caused interference to RISE AND SHINE.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that BETABCOOL was hanging in approaching the bend out of the back straight and that on the point of the turn shifted in tightening RISE AND SHINE until that horse made contact with the wheel of BETABCOOL causing RISE AND SHINE to break and lose all chance. We were also satisfied that there was a clear gap between BETABCOOL and LICENSE TO KILL racing into the bend and believe that horse did not contribute to the incident.
Taking into consideration all factors, the Committee were satisfied that BETABCOOL had caused interference to RISE AND SHINE causing that horse to break. The Committee was also satisfied that the protest should be upheld and BETABCOOL relegated.
Decision:
The protest was upheld, and BETABCOOL was relegated from 4th place to 9th place behind RISE AND SHINE. The amended places are as follows:
1st - LICENSE TO KILL (7)
2nd - DARK SIDE (5)
3rd - GETINBEHIND (2)
4th - DOCTOR MCDREAMY (9)
5th - ANGELAS IMAGE (8)
6th - TUBBY JIM (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: Mr S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Miss S Ottley- Junior Horsewoman, Mr D Jones- Holder of Licence to Train, Mr N McIntyre - Co-Chief Stipendiary Steward
Respondent: Mr T Chmiel-Public Trainer/Open Horseman
StipendSteward:
raceid: 20dbd70b1b519a0749f4caa55e233fe1
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: ebac22633acc164d733e44bb095efe38
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2013
meet_title: NZ Metro TC - 1 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC