NZ Metro TC 29 November 2013 – R 8 (instigating a protest)
ID: JCA13504
Meet Title:
NZ Metro TC - 29 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/11/29
Race Number:
R8
Decision:
The protest was upheld and REDMARO was relegated to 10th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 3 Brute Ute Anvil
2nd 4 Shadow Rider
3rd 11 Call Me Danny
4th 7 Benihana
5th 1 Artys On Fire
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 8, Fahey Fence Hire Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, on behalf of McARDLES SMOOTH (T S Chmiel), placed 10th by the judge, against REDMARO (G D Smith) placed 3rd by the judge, on the grounds of “interference near the 600 metres when REDMARO shifted inwards after being shifted wider by McARDLES SMOOTH which broke”.
Mr Smith 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 3 Brute Ute Anvil
2nd 4 Shadow Rider
3rd 6 Redmaro
4th 11 Call Me Danny
5th 7 Benihana
Submissions for Decision:
Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the incident, with approximately 600 metres to run. He pointed out Mr Chmiel, driving MCARDLES SMOOTH, attempting a shift to the 3-wide line, with Mr Smith driving REDMARO outside him. He succeeded in getting Mr Smith out 4-wide, Mr McIntyre said. He then showed Mr Smith continue to drive his horse inwards in an attempt to force Mr Chmiel back down into the two-out line. Mr Chmiel had nowhere to go and ran out of room. McARDLES SMOOTH broke.
Mr Chmiel told the Committee that he had definitely pushed Mr Smith out 4-wide at that point in the race but Mr Smith had attempted to push him back down. He had no room as FORTUNATELY (A J Tomlinson) was up inside him and his horse galloped, Mr Chmiel said. Mr Chmiel that he had yelled to Mr Smith that he had got him out, but Mr Smith kept coming down. There was contact, Mr Chmiel said, but he was not sure whether he hit Mr Smith’s or Mrs Tomlinson’s wheel. He said that his horse was “travelling all right” at that stage and, as a result of breaking, his chances had been affected.
Mr Smith disagreed with the view of the Stewards and Mr Chmiel. He said that he was never fully 4-wide. He was never pushed right out. When the horses came together, there was room for Mr Chmiel’s horse’s legs but his, Mr Smith’s cart was never 4-wide, he said. He alleged that it was “fifty-fifty” at one stage but when McARDLES SMOOTH galloped, he had to shift wide. He was about to do that but Mr Chmiel’s horse had already broken.
Mr Smith stated that, when the carts first came together, his “bounced out” – he had a light cart on and Mr Chmiel had an “American cart”. He believed that at no stage was he out. He submitted that the head-on video did not show it, as it was not a true head- on. He did not believe that he had to pull out as the two horses were competing for the same position. Mr Smith said that he was doing no more than holding his line. His horse’s head was on the helmet of Mr De Filippi (SHADOW RIDER), as was Mr Chmiel’s horse’s head.
Mr Renault submitted that Mr Chmiel had completed his move out, gradually and with safety, to the 3-wide position and had FORTUNATELY on his inner. Mr Smith had continued to apply pressure instead of relieving it by moving out.
Reasons for Decision:
The Committee was satisfied that REDMARO had caused interference to McARDLES SMOOTH, as alleged, near the 600 metres when McARDLES SMOOTH broke and lost ground. The Committee found that Mr Chmiel had legitimately eased out into the 3-wide line prior to the interference and was established there. Mr Smith on REDMARO had been eased out 4-wide and interference was caused to McARDLES SMOOTH when Mr Smith attempted to shift inwards. McARDLES SMOOTH was tightened and broke, losing several lengths and a good position in the process. We had no difficulty finding that the progress or chances of that runner were affected.
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: 3f1deb616cba7e6624ed618d31b22f3b
informantnumber: A1763
horsename: Redmaro
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/11/2013
hearing_title: NZ Metro TC 29 November 2013 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, Fahey Fence Hire Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, on behalf of McARDLES SMOOTH (T S Chmiel), placed 10th by the judge, against REDMARO (G D Smith) placed 3rd by the judge, on the grounds of “interference near the 600 metres when REDMARO shifted inwards after being shifted wider by McARDLES SMOOTH which broke”.
Mr Smith 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 3 Brute Ute Anvil
2nd 4 Shadow Rider
3rd 6 Redmaro
4th 11 Call Me Danny
5th 7 Benihana
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the incident, with approximately 600 metres to run. He pointed out Mr Chmiel, driving MCARDLES SMOOTH, attempting a shift to the 3-wide line, with Mr Smith driving REDMARO outside him. He succeeded in getting Mr Smith out 4-wide, Mr McIntyre said. He then showed Mr Smith continue to drive his horse inwards in an attempt to force Mr Chmiel back down into the two-out line. Mr Chmiel had nowhere to go and ran out of room. McARDLES SMOOTH broke.
Mr Chmiel told the Committee that he had definitely pushed Mr Smith out 4-wide at that point in the race but Mr Smith had attempted to push him back down. He had no room as FORTUNATELY (A J Tomlinson) was up inside him and his horse galloped, Mr Chmiel said. Mr Chmiel that he had yelled to Mr Smith that he had got him out, but Mr Smith kept coming down. There was contact, Mr Chmiel said, but he was not sure whether he hit Mr Smith’s or Mrs Tomlinson’s wheel. He said that his horse was “travelling all right” at that stage and, as a result of breaking, his chances had been affected.
Mr Smith disagreed with the view of the Stewards and Mr Chmiel. He said that he was never fully 4-wide. He was never pushed right out. When the horses came together, there was room for Mr Chmiel’s horse’s legs but his, Mr Smith’s cart was never 4-wide, he said. He alleged that it was “fifty-fifty” at one stage but when McARDLES SMOOTH galloped, he had to shift wide. He was about to do that but Mr Chmiel’s horse had already broken.
Mr Smith stated that, when the carts first came together, his “bounced out” – he had a light cart on and Mr Chmiel had an “American cart”. He believed that at no stage was he out. He submitted that the head-on video did not show it, as it was not a true head- on. He did not believe that he had to pull out as the two horses were competing for the same position. Mr Smith said that he was doing no more than holding his line. His horse’s head was on the helmet of Mr De Filippi (SHADOW RIDER), as was Mr Chmiel’s horse’s head.
Mr Renault submitted that Mr Chmiel had completed his move out, gradually and with safety, to the 3-wide position and had FORTUNATELY on his inner. Mr Smith had continued to apply pressure instead of relieving it by moving out.
reasonsfordecision:
The Committee was satisfied that REDMARO had caused interference to McARDLES SMOOTH, as alleged, near the 600 metres when McARDLES SMOOTH broke and lost ground. The Committee found that Mr Chmiel had legitimately eased out into the 3-wide line prior to the interference and was established there. Mr Smith on REDMARO had been eased out 4-wide and interference was caused to McARDLES SMOOTH when Mr Smith attempted to shift inwards. McARDLES SMOOTH was tightened and broke, losing several lengths and a good position in the process. We had no difficulty finding that the progress or chances of that runner were affected.
Decision:
The protest was upheld and REDMARO was relegated to 10th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 3 Brute Ute Anvil
2nd 4 Shadow Rider
3rd 11 Call Me Danny
4th 7 Benihana
5th 1 Artys On Fire
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: T S Chmiel, Licensed Open Driver
Respondent: G D Smith, Licensed Open Driver
StipendSteward:
raceid: f95ed929fb698240fa1a89ab56c7a720
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cd03fbe995fc55abb2a08cc009e73353
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/11/2013
meet_title: NZ Metro TC - 29 November 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