Rangiora HRC 8 May 2011 – R10 (Instigating a Protest)
ID: JCA16112
Meet Title:
Rangiora HRC - 8 May 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/05/08
Race Number:
R10
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 10, Alzheimers (Canterbury) Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, by WESTWOOD SIOUX (C F Middleton), placed 5th by the judge, against GOLDSTAR INVASION (T S Chmiel), placed 3rd by the judge, on the grounds of interference in the run home.
Mr T S Chmiel, driver of GOLDSTAR INVASION, 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 (8) 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 official margins were a neck, a head, a half length and a long neck.
Submissions for Decision:
Mr Renault showed video replays of the final 300 metres of the race. He pointed out Mr Middleton, driving, WESTWOOD SIOUX, racing 3-back on the markers approaching the home turn. In the trail was GOLDSTAR INVASION, driven by Mr Chmiel. Upon entering the straight, Mr Middleton looked for a run on the inside of GOLDSTAR INVASION. Mr Renault pointed out that WESTWOOD SIOUX struck a pylon and, thereafter, was “racing tight” all the way down the straight.
Mr Middleton stated that, initially, in the passing lane he had ample room. Mr Chmiel’s horse then drifted in, probably, under pressure. Mr Middleton said that he could not get his wheel past him. He conceded that it was a one-horse passing lane but there was enough room when he went into it, he said. He said that he got up to “within his wheel” and then had to stop driving the horse.
Mr Chmiel stated that he had kept a straight line and was entitled to be there. He was under no obligation to move out and give Mr Middleton a run. Mr Middleton had taken a risk attempting a passing lane run. The passing lane is designed for one horse and he was the first one there as the trailing horse, Mr Chmiel said.
Mr Middleton, when asked by the Committee, said that he believed that he could have beaten Mr Chmiel if he had obtained a clear run.
Reasons for Decision:
The Committee was satisfied, after hearing the evidence of the parties and viewing the video replays of the run home, that GOLDSTAR INVASION had not caused any interference to WESTWOOD SIOUX. It accepted the evidence of Mr Chmiel that he was entitled to enter the passing lane and that he maintained a straight line down the straight. Furthermore, he was under no obligation to move out to give Mr Middleton a run on his inside. The Committee was satisfied that Mr Middleton had attempted a run on the inside of Mr Chmiel but no full run was ever available to him.
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: be0a075ecd3bddab72243e6bffd30462
informantnumber: 13805
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2011
hearing_title: Rangiora HRC 8 May 2011 - R10 (Instigating a Protest)
charge:
facts:
Following the running of Race 10, Alzheimers (Canterbury) Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, by WESTWOOD SIOUX (C F Middleton), placed 5th by the judge, against GOLDSTAR INVASION (T S Chmiel), placed 3rd by the judge, on the grounds of interference in the run home.
Mr T S Chmiel, driver of GOLDSTAR INVASION, 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 (8) 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 official margins were a neck, a head, a half length and a long neck.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the final 300 metres of the race. He pointed out Mr Middleton, driving, WESTWOOD SIOUX, racing 3-back on the markers approaching the home turn. In the trail was GOLDSTAR INVASION, driven by Mr Chmiel. Upon entering the straight, Mr Middleton looked for a run on the inside of GOLDSTAR INVASION. Mr Renault pointed out that WESTWOOD SIOUX struck a pylon and, thereafter, was “racing tight” all the way down the straight.
Mr Middleton stated that, initially, in the passing lane he had ample room. Mr Chmiel’s horse then drifted in, probably, under pressure. Mr Middleton said that he could not get his wheel past him. He conceded that it was a one-horse passing lane but there was enough room when he went into it, he said. He said that he got up to “within his wheel” and then had to stop driving the horse.
Mr Chmiel stated that he had kept a straight line and was entitled to be there. He was under no obligation to move out and give Mr Middleton a run. Mr Middleton had taken a risk attempting a passing lane run. The passing lane is designed for one horse and he was the first one there as the trailing horse, Mr Chmiel said.
Mr Middleton, when asked by the Committee, said that he believed that he could have beaten Mr Chmiel if he had obtained a clear run.
reasonsfordecision:
The Committee was satisfied, after hearing the evidence of the parties and viewing the video replays of the run home, that GOLDSTAR INVASION had not caused any interference to WESTWOOD SIOUX. It accepted the evidence of Mr Chmiel that he was entitled to enter the passing lane and that he maintained a straight line down the straight. Furthermore, he was under no obligation to move out to give Mr Middleton a run on his inside. The Committee was satisfied that Mr Middleton had attempted a run on the inside of Mr Chmiel but no full run was ever available to him.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: C F Middleton, Licensed Open Driver, T S Chmiel
Respondent:
StipendSteward:
raceid: c69cfba37a52b7c6dd7819d7a8c04f27
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa50484515df595a3b9d0f3393c214a2
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/05/2011
meet_title: Rangiora HRC - 8 May 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "90", "Total": "55.8", "kmprice": 55.799999999999997, "Approved": "on"}]
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Rangiora HRC