Rangiora HRC – 13 March 2008 – Race 5
ID: JCA21917
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 13 March 2008
Race Date:
2008/03/13
Race Number:
Race 5
Decision:
Following the running of Race 5, the Kiwi Fantasy Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (1) placed 6th by the Judge against horse number (8) placed 1st by the judge on the grounds of interference to horse number (1) with approximately 1700m to run.”
DECISION AND REASONS:
----
Following the running of Race 5, the Kiwi Fantasy Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (1) placed 6th by the Judge against horse number (8) placed 1st by the judge on the grounds of interference to horse number (1) with approximately 1700m to run.”
----
Rule 869(8) reads 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.
----
Present at the hearing were Mr R. D. Holmes, the trainer and driver of SCOT’S COURAGE (8), and Mr H. A. Scott a part owner of that horse. Also present was Mr T. S. Chmiel the driver of ALL THE WAY (1).
----
Video coverage of the incident was used by Stipendiary Steward Mr B. Williams to show that at about the 1800 metre mark Mr Holmes, driving SCOT’S COURAGE, had come from three back on the marker line and improved to take the lead from ALL THE WAY at about the 1700 metre mark. At that time SCOT’S COURAGE appeared to be hanging and, although Mr Holmes had tried to keep his horse straight, as he passed Mr Chmiel ALL THE WAY broke and lost a considerable amount of ground. It was alleged that Mr Holmes had crossed over too quickly.
----
Mr Chmiel gave evidence that with about 1700 metres to run he was leading. He said that Mr Holmes was going to the front and “squeezed him up” and cut him off. The result was that his horse galloped and lost its place. Mr Chmiel also said that his horse would not have galloped had he not been squeezed up. Mr Chmiel estimated that he had lost about 3 lengths, and that the incident also put him three back on the fence as well.
----
Mr Chmiel agreed with Mr Holmes that there was no contact in this incident, but repeated that it was his being “squeezed up” that caused the problem. It was Mr Holmes’ case that there was plenty of room on the inside of Mr Chmiel, that this would have allowed him to avoid this incident, and that there was no contact between the two horses.
----
I adjourned to consider my decision. I was satisfied from the evidence and the video coverage that Mr Holmes had moved in too quickly after passing ALL THE WAY and had indeed “squeezed” that horse up causing it to break. I was also satisfied that Mr Chmiel had tried to avoid this situation arising by taking hold of his horse.
----
In terms of Rule 869(8) I was satisfied that there had been interference as alleged, and that this interference had “….interfered with the progress or chance….” of ALL THE WAY.
----
On returning to the Enquiry Room I advised the parties that as the following race was close to a start I would give my decision and provide reasons for it in writing later. I then advised that the protest was upheld and that SCOT’S COURAGE was relegated to 6th place behind ALL THE WAY. The amended places are as follows.
----
1st – TORBRAE (12)
--2nd – DOWN TOWN LADY (9)
--3rd – HEAVENLY MESSENGER (13)
--4th – DANIEL ALLAN (15)
--5th – ALL THE WAY (1)
--6th – SCOT’S COURAGE (8)
----
--
J. M. Phelan
--Chairman
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: d44638a8ea927a1132b7cf86c805478a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 13 March 2008 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, the Kiwi Fantasy Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (1) placed 6th by the Judge against horse number (8) placed 1st by the judge on the grounds of interference to horse number (1) with approximately 1700m to run.”
DECISION AND REASONS:
----
Following the running of Race 5, the Kiwi Fantasy Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (1) placed 6th by the Judge against horse number (8) placed 1st by the judge on the grounds of interference to horse number (1) with approximately 1700m to run.”
----
Rule 869(8) reads 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.
----
Present at the hearing were Mr R. D. Holmes, the trainer and driver of SCOT’S COURAGE (8), and Mr H. A. Scott a part owner of that horse. Also present was Mr T. S. Chmiel the driver of ALL THE WAY (1).
----
Video coverage of the incident was used by Stipendiary Steward Mr B. Williams to show that at about the 1800 metre mark Mr Holmes, driving SCOT’S COURAGE, had come from three back on the marker line and improved to take the lead from ALL THE WAY at about the 1700 metre mark. At that time SCOT’S COURAGE appeared to be hanging and, although Mr Holmes had tried to keep his horse straight, as he passed Mr Chmiel ALL THE WAY broke and lost a considerable amount of ground. It was alleged that Mr Holmes had crossed over too quickly.
----
Mr Chmiel gave evidence that with about 1700 metres to run he was leading. He said that Mr Holmes was going to the front and “squeezed him up” and cut him off. The result was that his horse galloped and lost its place. Mr Chmiel also said that his horse would not have galloped had he not been squeezed up. Mr Chmiel estimated that he had lost about 3 lengths, and that the incident also put him three back on the fence as well.
----
Mr Chmiel agreed with Mr Holmes that there was no contact in this incident, but repeated that it was his being “squeezed up” that caused the problem. It was Mr Holmes’ case that there was plenty of room on the inside of Mr Chmiel, that this would have allowed him to avoid this incident, and that there was no contact between the two horses.
----
I adjourned to consider my decision. I was satisfied from the evidence and the video coverage that Mr Holmes had moved in too quickly after passing ALL THE WAY and had indeed “squeezed” that horse up causing it to break. I was also satisfied that Mr Chmiel had tried to avoid this situation arising by taking hold of his horse.
----
In terms of Rule 869(8) I was satisfied that there had been interference as alleged, and that this interference had “….interfered with the progress or chance….” of ALL THE WAY.
----
On returning to the Enquiry Room I advised the parties that as the following race was close to a start I would give my decision and provide reasons for it in writing later. I then advised that the protest was upheld and that SCOT’S COURAGE was relegated to 6th place behind ALL THE WAY. The amended places are as follows.
----
1st – TORBRAE (12)
--2nd – DOWN TOWN LADY (9)
--3rd – HEAVENLY MESSENGER (13)
--4th – DANIEL ALLAN (15)
--5th – ALL THE WAY (1)
--6th – SCOT’S COURAGE (8)
----
--
J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 888366ee20c43edc65901ed434217947
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4aafbc50941e7b5cb217937cbec6f15c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/03/2008
meet_title: Rangiora HRC - 13 March 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Rangiora HRC