NZ Metro TC – 30 June 2005 –
ID: JCA18380
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 9, Merrin Street Caf? & Bar Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against VANCE MARIE (T S Chmiel), placed 3rd by the judge, on the grounds of interference to JUDENA (A J Laing) with approximately 1400 metres to run.
| -- DECISION AND REASONS: --Following the running of Race 9, Merrin Street Caf? & Bar Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against VANCE MARIE (T S Chmiel), placed 3rd by the judge, on the grounds of interference to JUDENA (A J Laing) with approximately 1400 metres to run. ----Present at the hearing of the information were Mr Johnston, Mr Chmiel and Ms Laing. ----Mrs Williams alleged that, with approximately 1400 metres to run, JUDENA received interference and its chances were affected when attempting to improve to the parked out position. JUDENA was racing 4-back on the markers and the horse in front of it, VANCE MARIE, came out at the same time. The hopple shortener cord of VANCE MARIE was trailing out the back of VANCE MARIE's sulky and JUDENA stood on it, went off stride and lost "several lengths". Ms Laing confirmed Mrs Williams' version of events. ----Mr N R Escott, Chief Stipendiary Steward, showed the incident on video replay. He pointed out the hopple shortener cord on VANCE MARIE "come adrift, malfunction" wrap around the front legs of JUDENA which was lucky not to fall, he said. He said that horses in behind JUDENA had to take evasive action but that horse was the worst affected. ----In response to a question from Mrs Williams, Ms Laing confirmed that she lost "7 or 8 lengths" and that the chances of JUDENA were affected. From going forward from a handy position she was suddenly back through the field. ----Mr Chmiel acknowledged that JUDENA had suffered interference and had lost "a couple of lengths". After that, Ms Laing came and sat parked outside VANCE MARIE which had progressed to the lead. He acknowledged that the gear had been faulty but submitted that the chances of JUDENA had not been affected. He submitted that the horse should not be penalised for the interference caused by faulty gear. ----Mr Johnston admitted that the gear had malfunctioned and that it was his fault that it did so but he said he believed that the horse should not be relegated having regard to the margins at the finish. ----After hearing all of the evidence and viewing the video replays, the Committee delivered the following oral decision: --"I have heard the evidence from Mr Escott and Ms Laing and I have heard from Mr Chmiel and Mr Johnston. It seems to me, rather I am satisfied, that firstly there was interference suffered by JUDENA as a result of the faulty gear on VANCE MARIE. I disagree with Mr Chmiel ? in my view, the interference suffered by JUDENA was quite substantial and, I believe clearly interfered with the chances of JUDENA. Having found that there has been interference, I have a discretion whether or not to relegate. I am going to exercise that discretion to relegate in this case for the reasons I have given. Accordingly, the protest is upheld. VANCE MARIE is relegated from 3rd placing to 6th placing. The amended result is as follows: --1. 13 Spirit of Shard --2. 7 Another Cloud --3. 10 Networker --4. 5 Sheza Belmer --5. 1 Judena --6. 3 Vance Marie ------ --
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Decision Date: 30/06/2005
Publish Date: 30/06/2005
JCA Decision Fields (raw)
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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: 0741ec97a84513e54d4059061a413057
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/06/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 30 June 2005 -
charge:
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Decision:
--Following the running of Race 9, Merrin Street Caf? & Bar Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against VANCE MARIE (T S Chmiel), placed 3rd by the judge, on the grounds of interference to JUDENA (A J Laing) with approximately 1400 metres to run.
| -- DECISION AND REASONS: --Following the running of Race 9, Merrin Street Caf? & Bar Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against VANCE MARIE (T S Chmiel), placed 3rd by the judge, on the grounds of interference to JUDENA (A J Laing) with approximately 1400 metres to run. ----Present at the hearing of the information were Mr Johnston, Mr Chmiel and Ms Laing. ----Mrs Williams alleged that, with approximately 1400 metres to run, JUDENA received interference and its chances were affected when attempting to improve to the parked out position. JUDENA was racing 4-back on the markers and the horse in front of it, VANCE MARIE, came out at the same time. The hopple shortener cord of VANCE MARIE was trailing out the back of VANCE MARIE's sulky and JUDENA stood on it, went off stride and lost "several lengths". Ms Laing confirmed Mrs Williams' version of events. ----Mr N R Escott, Chief Stipendiary Steward, showed the incident on video replay. He pointed out the hopple shortener cord on VANCE MARIE "come adrift, malfunction" wrap around the front legs of JUDENA which was lucky not to fall, he said. He said that horses in behind JUDENA had to take evasive action but that horse was the worst affected. ----In response to a question from Mrs Williams, Ms Laing confirmed that she lost "7 or 8 lengths" and that the chances of JUDENA were affected. From going forward from a handy position she was suddenly back through the field. ----Mr Chmiel acknowledged that JUDENA had suffered interference and had lost "a couple of lengths". After that, Ms Laing came and sat parked outside VANCE MARIE which had progressed to the lead. He acknowledged that the gear had been faulty but submitted that the chances of JUDENA had not been affected. He submitted that the horse should not be penalised for the interference caused by faulty gear. ----Mr Johnston admitted that the gear had malfunctioned and that it was his fault that it did so but he said he believed that the horse should not be relegated having regard to the margins at the finish. ----After hearing all of the evidence and viewing the video replays, the Committee delivered the following oral decision: --"I have heard the evidence from Mr Escott and Ms Laing and I have heard from Mr Chmiel and Mr Johnston. It seems to me, rather I am satisfied, that firstly there was interference suffered by JUDENA as a result of the faulty gear on VANCE MARIE. I disagree with Mr Chmiel ? in my view, the interference suffered by JUDENA was quite substantial and, I believe clearly interfered with the chances of JUDENA. Having found that there has been interference, I have a discretion whether or not to relegate. I am going to exercise that discretion to relegate in this case for the reasons I have given. Accordingly, the protest is upheld. VANCE MARIE is relegated from 3rd placing to 6th placing. The amended result is as follows: --1. 13 Spirit of Shard --2. 7 Another Cloud --3. 10 Networker --4. 5 Sheza Belmer --5. 1 Judena --6. 3 Vance Marie ------ --
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