NZ Metro TC 16 July 2015 – R 8 (instigating a protest) – Chair, Mr S Ching
ID: JCA11814
Meet Title:
NZ Metro TC - 16 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/16
Race Number:
R6
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 8, the Armitage Williams-Golden Girls Metro Series (Heat 3) Mobile Pace, an Information instigating a protest was filed by Open Horseman Mr T Chmiel, alleging interference near the 350m by GOSHAWK, driven by Mr L McCormick, who finished in 4th place, to LITTLE TESS, who finished in 5th place, driven by Mr L McCormick.
The Judge's placings in this race were as follows:
1st VALOUR LUSTRE (9)
2nd CHRISTIAN LADY (5)
3rd PARRISA (8)
4th GOSHAWK (7)
5th LITTLE TESS (6)
6th FERNLEIGH HANNAH (3)
The official margin between 4th and 5th was 2 ¼ lengths.
Rule 869 A (2) provides as follows:
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
The connections of LITTLE TESS were represented at this hearing by Open Horseman, Mr T Chmiel with Open Horseman Mr L McCormick representing the connections of GOSHAWK.
Submissions for Decision:
Mr Chmiel gave evidence and showed the relevant films of the incident which occurred near the 350m. He pointed out LITTLE TESS, driven by Mr Chmiel, who was racing in the one-one position, with GOSHAWK, driven by Mr McCormick, on the pylons immediately behind LITTLE TESS. Mr Chmiel said that Mr McCormick shifted off the pylons behind him in order to improve, in anticipation of LITTLE TESS shifting out, and in doing so got too close, striking the sulky wheel of LITTLE TESS causing the tyre of that runner to go flat immediately and near the 100m the tube becoming entangled around the hub. This he said locked the wheel up and slowed his horse down as LITTLE TESS had to drag the sulky over the concluding stages. He said LITTLE TESS was travelling well at the time of the incident and thought she was going to run in the money. He said it was a 50/50 call as to whether he would have beaten GOSHAWK home.
Mr McCormick accepted and confirmed that he had struck the sulky wheel of LITTLE TESS, and stated that “it was pretty hard to deny”. Mr McCormick stated that GOSHAWK was also travelling well at the time of the incident and was held up for a run over the final stages to finish in 4th place.
Mr Quirk, as Chairman of Stewards for the meeting, was asked to give his interpretation of the incident. He stated that there was no doubt that Mr Chmiel’s horse was affected by the incident, the Stewards had some concerns, taking into consideration the official margin of 2 ¼ lengths, as to whether LITTLE TESS would have finished ahead of GOSHAWK but for the interference.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that GOSHAWK had struck the sulky wheel of LITTLE TESS near the 350m. We were also satisfied that the sulky tyre on LITTLE TESS went flat immediately and near the 100m the tyre came off with the tube wrapping itself around the wheel eventually locking the wheel up. The Committee also noted that GOSHAWK was travelling well at the time of the incident and had made ground on LITTLE TESS, after being held up, passing that horse before the 100m where the wheel locked up on LITTLE TESS. The Committee after taking into consideration the official margin of 2 ¼ lengths and all other relevant factors, could not be certain that but for the interference suffered by LITTLE TESS by GOSHAWK, LITTLE TESS would have beaten GOSHAWK home.
Taking all the above matters into account we determined that this protest should be dismissed.
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: 257f022ee257c83dd7438ec201ff9b1c
informantnumber: A6715
horsename: GOSHAWK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/07/2015
hearing_title: NZ Metro TC 16 July 2015 - R 8 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Armitage Williams-Golden Girls Metro Series (Heat 3) Mobile Pace, an Information instigating a protest was filed by Open Horseman Mr T Chmiel, alleging interference near the 350m by GOSHAWK, driven by Mr L McCormick, who finished in 4th place, to LITTLE TESS, who finished in 5th place, driven by Mr L McCormick.
The Judge's placings in this race were as follows:
1st VALOUR LUSTRE (9)
2nd CHRISTIAN LADY (5)
3rd PARRISA (8)
4th GOSHAWK (7)
5th LITTLE TESS (6)
6th FERNLEIGH HANNAH (3)
The official margin between 4th and 5th was 2 ¼ lengths.
Rule 869 A (2) provides as follows:
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
The connections of LITTLE TESS were represented at this hearing by Open Horseman, Mr T Chmiel with Open Horseman Mr L McCormick representing the connections of GOSHAWK.
appealdecision:
isappeal:
submissionsfordecision:
Mr Chmiel gave evidence and showed the relevant films of the incident which occurred near the 350m. He pointed out LITTLE TESS, driven by Mr Chmiel, who was racing in the one-one position, with GOSHAWK, driven by Mr McCormick, on the pylons immediately behind LITTLE TESS. Mr Chmiel said that Mr McCormick shifted off the pylons behind him in order to improve, in anticipation of LITTLE TESS shifting out, and in doing so got too close, striking the sulky wheel of LITTLE TESS causing the tyre of that runner to go flat immediately and near the 100m the tube becoming entangled around the hub. This he said locked the wheel up and slowed his horse down as LITTLE TESS had to drag the sulky over the concluding stages. He said LITTLE TESS was travelling well at the time of the incident and thought she was going to run in the money. He said it was a 50/50 call as to whether he would have beaten GOSHAWK home.
Mr McCormick accepted and confirmed that he had struck the sulky wheel of LITTLE TESS, and stated that “it was pretty hard to deny”. Mr McCormick stated that GOSHAWK was also travelling well at the time of the incident and was held up for a run over the final stages to finish in 4th place.
Mr Quirk, as Chairman of Stewards for the meeting, was asked to give his interpretation of the incident. He stated that there was no doubt that Mr Chmiel’s horse was affected by the incident, the Stewards had some concerns, taking into consideration the official margin of 2 ¼ lengths, as to whether LITTLE TESS would have finished ahead of GOSHAWK but for the interference.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that GOSHAWK had struck the sulky wheel of LITTLE TESS near the 350m. We were also satisfied that the sulky tyre on LITTLE TESS went flat immediately and near the 100m the tyre came off with the tube wrapping itself around the wheel eventually locking the wheel up. The Committee also noted that GOSHAWK was travelling well at the time of the incident and had made ground on LITTLE TESS, after being held up, passing that horse before the 100m where the wheel locked up on LITTLE TESS. The Committee after taking into consideration the official margin of 2 ¼ lengths and all other relevant factors, could not be certain that but for the interference suffered by LITTLE TESS by GOSHAWK, LITTLE TESS would have beaten GOSHAWK home.
Taking all the above matters into account we determined that this protest should be dismissed.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: T Chmiel-Open Horseman
JockeysandTrainer:
Otherperson:
PersonPresent: R Quirk-Stipendiary Steward
Respondent: L McCormick-Open Horseman
StipendSteward:
raceid: 4a95f0b94ee65ff81f44d62c20962726
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4fc39ebfb2a0ac470cf4c1d1f4f17eb4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/07/2015
meet_title: NZ Metro TC - 16 July 2015
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