NZ Metro TC 20 December 2013 – R6 (instigating a protest)
ID: JCA11117
Meet Title:
NZ Metro TC - 20 December 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/12/20
Race Number:
R6
Decision:
The protest was dismissed.
It was ordered that dividends and stake monies be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 6, RNP Homes Limited “Super Series” Open Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of DYNAMIC PARTY (T S Chmiel), MIXED EMOTIONS (J J A Young) and READY FOR TAKEOFF (R T May) placed 11th, 7th and 6th respectively by the judge, against BIO MARINUS (B N Orange), placed 2nd by the judge, on the grounds that “passing the 1100 metres BIO MARINUS eased after crossing to the lead causing interference to DYNAMIC PARTY, MIXED EMOTIONS and READY FOR TAKEOFF”.
Mr Orange was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
Rule 869 provides as follows:
(8) 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 judge’s placings were:
1st - 8 Pacquiao
2nd - 7 Bio Marinus
3rd - 10 Crackaheiny
4th - 11 Lumos
5th - 14 Hi Jinx
Submissions for Decision:
Mr Ydgren had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1100 metres to run. He pointed out DYNAMIC PARTY in the lead being trailed by MIXED EMOTIONS with READY FOR TAKEOFF further back in the field but commencing to improve. BIO MARINUS was outside the leader. Mr Orange then improved to the lead and Mr Chmiel took a hold of his runner, DYNAMIC PARTY, to take the trail behind BIO MARINUS. Mr Renault alleged that Mr Orange had forced Mr Chmiel over pylons.
Miss Young, who had been trailing, was placed 3-back and Mr Renault showed her horse then come out. This forced Mr May, who had been racing in the one-out, one-back position, to race 3-wide. Miss Young ended up in the one-out, one-back and Mr May ended up 3-wide without cover before improving to race parked. Mr Chmiel’s horse struck several pylons and lost some ground, Mr Ydgren said.
Mr Chmiel said that he was handing up to BIO MARINUS and, when that horse got to the front, it “went to pull up”. It made no difference to the chances of his horse, Mr Chmiel said.
Miss Young (who was assisted at the hearing by Holder of Licence to Train, Mr P D Young) said that, at the winning post, there was a sharp slackening of the pace. She attempted to stay on the back of Mr Chmiel but Mr Chmiel’s horse began to go rough and run over pylons. Her horse “popped out”. She tried to restrain it to get back down but was unable to do so and remained in the one-out line. She said that she got a good run after the incident and she did not believe that the chances of her horse were affected.
Mr May said that he was getting “a pretty good run” when Miss Young’s horse came out. He thought it had been caused by BIO MARINUS pulling up. He ended up 3-wide and then parked for the rest of the race. His horse finished in 6th placing, approximately 1 length from the 3rd placegetter (2.8 lengths from the winner). He could not say whether his chances were affected.
At that point in the hearing, Mr Ydgren declared that the only runner affected was Mr May’s runner, READY FOR TAKEOFF.
Mr Orange submitted that, when Miss Young’s horse came off the markers, he was not actually in front. He did not ease the pace, as he was still going forward and did not ease the pace until he was in front. Mr Chmiel had begun restraining his horse when he saw BIO MARINUS coming. Mr Orange said that he could not be blamed for Miss Young coming out. He demonstrated this by use of the video replays. He showed that his horse “pulled up” when it got to the lead and he pulled the earplugs. He submitted that Miss Young was out 50 metres before that. He was not aware of why Miss Young had come out, he said. Finally, Mr Orange submitted that he could not dictate the running line on the markers until he had actually crossed to the lead. By the time he did cross, Miss Young was already out.
Mr Ydgren said that the Stewards were happy to concede that Miss Young’s horse had been racing keenly. She had a very firm hold of her horse so it was not going to take a lot of easing for her horse to react badly.
Mr Ydgren submitted that Miss Young’s outward movement had, the Stewards felt, been caused by an easing which had commenced when Mr Orange had crowded the racing room of Mr Chmiel’s horse. He conceded, however, that Mr Chmiel had been easing for some time before that point.
Reasons for Decision:
The Stewards alleged that BIO MARINUS had caused interference to three runners when it eased the pace after working to the lead and crossing DYNAMIC PARTY with approximately 1100 metres to run. Mr Ydgren, during the course of the hearing, effectively, withdrew the allegation of interference to DYNAMIC PARTY and MIXED EMOTIONS.
Mr Orange, using the video replays, submitted that the interference to READY FOR TAKEOFF was caused by the outward movement of Miss Young’s horse, MIXED EMOTIONS. He further submitted that he had not caused the interference to MIXED EMOTIONS because, at the point at which that runner came off the markers, he had not yet crossed the then leader, DYNAMIC PARTY. He admitted that, once he did cross, his horse did ease the pace but he stressed that the interference to Mr May had already occurred. We were persuaded by Mr Orange’s submissions which were supported by the video evidence.
We find that the incident could properly be described as a “racing incident”. A number of factors contributed to the incident. In particular, Mr Chmiel had been easing to take the trail for some distance and Miss Young’s horse been racing keenly prior to coming out.
We do not believe that the interference to Mr May’s horse (the only runner alleged by the Stewards to have been affected) could be said to have been caused by BIO MARINUS or Mr Orange.
We therefore find that there was no interference caused by BIO MARINUS.
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: 170ffad813c944d347528d696bc588a9
informantnumber: A6110
horsename: BIO MARINUS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: NZ Metro TC 20 December 2013 - R6 (instigating a protest)
charge:
facts:
Following the running of Race 6, RNP Homes Limited “Super Series” Open Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of DYNAMIC PARTY (T S Chmiel), MIXED EMOTIONS (J J A Young) and READY FOR TAKEOFF (R T May) placed 11th, 7th and 6th respectively by the judge, against BIO MARINUS (B N Orange), placed 2nd by the judge, on the grounds that “passing the 1100 metres BIO MARINUS eased after crossing to the lead causing interference to DYNAMIC PARTY, MIXED EMOTIONS and READY FOR TAKEOFF”.
Mr Orange was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
Rule 869 provides as follows:
(8) 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 judge’s placings were:
1st - 8 Pacquiao
2nd - 7 Bio Marinus
3rd - 10 Crackaheiny
4th - 11 Lumos
5th - 14 Hi Jinx
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1100 metres to run. He pointed out DYNAMIC PARTY in the lead being trailed by MIXED EMOTIONS with READY FOR TAKEOFF further back in the field but commencing to improve. BIO MARINUS was outside the leader. Mr Orange then improved to the lead and Mr Chmiel took a hold of his runner, DYNAMIC PARTY, to take the trail behind BIO MARINUS. Mr Renault alleged that Mr Orange had forced Mr Chmiel over pylons.
Miss Young, who had been trailing, was placed 3-back and Mr Renault showed her horse then come out. This forced Mr May, who had been racing in the one-out, one-back position, to race 3-wide. Miss Young ended up in the one-out, one-back and Mr May ended up 3-wide without cover before improving to race parked. Mr Chmiel’s horse struck several pylons and lost some ground, Mr Ydgren said.
Mr Chmiel said that he was handing up to BIO MARINUS and, when that horse got to the front, it “went to pull up”. It made no difference to the chances of his horse, Mr Chmiel said.
Miss Young (who was assisted at the hearing by Holder of Licence to Train, Mr P D Young) said that, at the winning post, there was a sharp slackening of the pace. She attempted to stay on the back of Mr Chmiel but Mr Chmiel’s horse began to go rough and run over pylons. Her horse “popped out”. She tried to restrain it to get back down but was unable to do so and remained in the one-out line. She said that she got a good run after the incident and she did not believe that the chances of her horse were affected.
Mr May said that he was getting “a pretty good run” when Miss Young’s horse came out. He thought it had been caused by BIO MARINUS pulling up. He ended up 3-wide and then parked for the rest of the race. His horse finished in 6th placing, approximately 1 length from the 3rd placegetter (2.8 lengths from the winner). He could not say whether his chances were affected.
At that point in the hearing, Mr Ydgren declared that the only runner affected was Mr May’s runner, READY FOR TAKEOFF.
Mr Orange submitted that, when Miss Young’s horse came off the markers, he was not actually in front. He did not ease the pace, as he was still going forward and did not ease the pace until he was in front. Mr Chmiel had begun restraining his horse when he saw BIO MARINUS coming. Mr Orange said that he could not be blamed for Miss Young coming out. He demonstrated this by use of the video replays. He showed that his horse “pulled up” when it got to the lead and he pulled the earplugs. He submitted that Miss Young was out 50 metres before that. He was not aware of why Miss Young had come out, he said. Finally, Mr Orange submitted that he could not dictate the running line on the markers until he had actually crossed to the lead. By the time he did cross, Miss Young was already out.
Mr Ydgren said that the Stewards were happy to concede that Miss Young’s horse had been racing keenly. She had a very firm hold of her horse so it was not going to take a lot of easing for her horse to react badly.
Mr Ydgren submitted that Miss Young’s outward movement had, the Stewards felt, been caused by an easing which had commenced when Mr Orange had crowded the racing room of Mr Chmiel’s horse. He conceded, however, that Mr Chmiel had been easing for some time before that point.
reasonsfordecision:
The Stewards alleged that BIO MARINUS had caused interference to three runners when it eased the pace after working to the lead and crossing DYNAMIC PARTY with approximately 1100 metres to run. Mr Ydgren, during the course of the hearing, effectively, withdrew the allegation of interference to DYNAMIC PARTY and MIXED EMOTIONS.
Mr Orange, using the video replays, submitted that the interference to READY FOR TAKEOFF was caused by the outward movement of Miss Young’s horse, MIXED EMOTIONS. He further submitted that he had not caused the interference to MIXED EMOTIONS because, at the point at which that runner came off the markers, he had not yet crossed the then leader, DYNAMIC PARTY. He admitted that, once he did cross, his horse did ease the pace but he stressed that the interference to Mr May had already occurred. We were persuaded by Mr Orange’s submissions which were supported by the video evidence.
We find that the incident could properly be described as a “racing incident”. A number of factors contributed to the incident. In particular, Mr Chmiel had been easing to take the trail for some distance and Miss Young’s horse been racing keenly prior to coming out.
We do not believe that the interference to Mr May’s horse (the only runner alleged by the Stewards to have been affected) could be said to have been caused by BIO MARINUS or Mr Orange.
We therefore find that there was no interference caused by BIO MARINUS.
Decision:
The protest was dismissed.
It was ordered that dividends and stake monies be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: T S Chmiel, Licensed Open Driver, R T May, J J A Young, Licensed Junior Driver, P D Young, Holder of Licence to Train
Respondent: B N Orange, Licensed Open Driver
StipendSteward:
raceid: d7e8636a01322829ec0d8209ba009297
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: 4ea911d81f84d849a4b3d7bef9df5cff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2013
meet_title: NZ Metro TC - 20 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC