Timaru HRC 24 April 2019 – R 2 (Instigating a Protest) – Chair, Mr S Ching
ID: JCA13737
Meet Title:
Timaru HRC - 24 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/04/24
Race Number:
R2
Decision:
The protest was dismissed with the judge's official placings being confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 2, the More FM Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault against MAJESTIC SUNSET, driven by Mr T Chmiel, placed 2nd by the judge, alleging interference in the home straight to the 5th placed, EYRE I GO, driven by Mr M Jones, in that Mr Chmiel failed to maintain as straight a course as possible in the home straight which impeded the trailing horse, EYRE I GO.
The Judge's placings in this race were as follows.
1st MDINA (15)
2nd MAJESTIC SUNSET (8)
3rd STEEL DUST (14)
4th NEVER MIND (3)
5th EYRE I GO (7)
The official margins between 2nd, 3rd, and 4th were a Head, Head, Neck.
Rule 869A (2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Chmiel represented the connections of MAJESTIC SUNSET with Mr Jones representing the connections of EYRE I GO at the hearing.
Submissions for Decision:
Mr Renault showed the relevant films of the alleged interference which occurred over the final stages of the race. Mr Renault showed MAJESTIC SUNSET, driven by Mr Chmiel, as the lead horse with EYRE I GO, driven by Mr Jones, 3 places back on the inside, well into the home straight. He stated that Mr Chmiel, being the lead horse as the field turned for home, is obligated to maintain a straight course and leave the passing lane free for other runners. Mr Renault stated that Mr Chmiel allowed MAJESTIC SUNSET to shift inwards into the passing lane shortly after entering the final straight. He said that NEVER MIND driven by Mr Geddes, who was behind Mr Chmiel, moved out to the 1 off line leaving the passing lane free for Mr Jones to utilise. He said that Mr Chmiel allowed MAJESTIC SUNSET to drift into the passing lane with Mr Jones behind him, who is then denied clear access to the lane to improve. He pointed out Mr Jones looking for room on the inside of Mr Chmiel, inside the 50m. Mr Renault said that Mr Jones made contact with a marker at this point and then is in restricted room for the rest of the run home. He added that Mr Jones was entitled to a clear run in the passing lane and clearly due to MAJESTIC SUNSET shifting into the lane, did not receive it.
Mr Renault questioned, Mr Jones who stated that half way up the straight, when in the passing lane, he pulled the removable hood from EYRE I GO, who at that point ran up the track. He said that he straightened EYRE I GO and by the time he got back to the passing lane, there was a run to the inside of MAJESTIC SUNSET for him to take advantage of. He added that he was 3 back after turning for home and by the time he got up to MAJESTIC SUNSET, there was enough room in the passing lane for him to utilise. Mr Jones believed he was not impeded by MAJESTIC SUNSET over the concluding stages.
Mr Chmiel stated that Mr Jones had every chance to beat him. He conceded that he let his horse drift down into the passing lane but when he heard a horse approaching from behind, he pulled out to allow room on his inner knowing the passing lane should be clear.
Mr Renault submitted that Mr Jones has been held up for approximately 40m and that his chance to finish in a better position has been affected. He added the passing lane was rightfully there for Mr Jones and Mr Chmiel impeded his progress over the final stages.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that MAJESTIC SUNSET had shifted into the passing lane shortly after the entrance near the 200m and taken up a position in the lane that it was not entitled to in breach of the Home Straight Regulations. We were also satisfied that EYRE I GO was entitled to that run and was utilising the passing lane. We are further satisfied that EYRE I GO, when approaching the back of MAJESTIC SUNSET, shifted up the track, when Mr Jones activated the head gear, and had to be pulled down the track back into the passing lane. We determined that by the time EYRE I GO was straightened and back down into the passing lane, MAJESTIC SUNSET, had shifted back out to a position that left enough room for EYRE I GO to improve into, without being impeded. ERYE I GO was in tight racing quarters but still able to utilise the passing lane to advantage. We therefore find that although there was some inconvenience to EYRE I GO, this Committee determined that there was not sufficient interference by MAJESTIC SUNSET to EYRE I GO, to conclude that a change of placings be considered. We therefore determined that the protest be dismissed.
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: 5e73908afe73d7291832ed6f4615b40b
informantnumber: A11370
horsename: MAJESTIC SUNSET
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 27/04/2019
hearing_title: Timaru HRC 24 April 2019 - R 2 (Instigating a Protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the More FM Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault against MAJESTIC SUNSET, driven by Mr T Chmiel, placed 2nd by the judge, alleging interference in the home straight to the 5th placed, EYRE I GO, driven by Mr M Jones, in that Mr Chmiel failed to maintain as straight a course as possible in the home straight which impeded the trailing horse, EYRE I GO.
The Judge's placings in this race were as follows.
1st MDINA (15)
2nd MAJESTIC SUNSET (8)
3rd STEEL DUST (14)
4th NEVER MIND (3)
5th EYRE I GO (7)
The official margins between 2nd, 3rd, and 4th were a Head, Head, Neck.
Rule 869A (2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Chmiel represented the connections of MAJESTIC SUNSET with Mr Jones representing the connections of EYRE I GO at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed the relevant films of the alleged interference which occurred over the final stages of the race. Mr Renault showed MAJESTIC SUNSET, driven by Mr Chmiel, as the lead horse with EYRE I GO, driven by Mr Jones, 3 places back on the inside, well into the home straight. He stated that Mr Chmiel, being the lead horse as the field turned for home, is obligated to maintain a straight course and leave the passing lane free for other runners. Mr Renault stated that Mr Chmiel allowed MAJESTIC SUNSET to shift inwards into the passing lane shortly after entering the final straight. He said that NEVER MIND driven by Mr Geddes, who was behind Mr Chmiel, moved out to the 1 off line leaving the passing lane free for Mr Jones to utilise. He said that Mr Chmiel allowed MAJESTIC SUNSET to drift into the passing lane with Mr Jones behind him, who is then denied clear access to the lane to improve. He pointed out Mr Jones looking for room on the inside of Mr Chmiel, inside the 50m. Mr Renault said that Mr Jones made contact with a marker at this point and then is in restricted room for the rest of the run home. He added that Mr Jones was entitled to a clear run in the passing lane and clearly due to MAJESTIC SUNSET shifting into the lane, did not receive it.
Mr Renault questioned, Mr Jones who stated that half way up the straight, when in the passing lane, he pulled the removable hood from EYRE I GO, who at that point ran up the track. He said that he straightened EYRE I GO and by the time he got back to the passing lane, there was a run to the inside of MAJESTIC SUNSET for him to take advantage of. He added that he was 3 back after turning for home and by the time he got up to MAJESTIC SUNSET, there was enough room in the passing lane for him to utilise. Mr Jones believed he was not impeded by MAJESTIC SUNSET over the concluding stages.
Mr Chmiel stated that Mr Jones had every chance to beat him. He conceded that he let his horse drift down into the passing lane but when he heard a horse approaching from behind, he pulled out to allow room on his inner knowing the passing lane should be clear.
Mr Renault submitted that Mr Jones has been held up for approximately 40m and that his chance to finish in a better position has been affected. He added the passing lane was rightfully there for Mr Jones and Mr Chmiel impeded his progress over the final stages.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that MAJESTIC SUNSET had shifted into the passing lane shortly after the entrance near the 200m and taken up a position in the lane that it was not entitled to in breach of the Home Straight Regulations. We were also satisfied that EYRE I GO was entitled to that run and was utilising the passing lane. We are further satisfied that EYRE I GO, when approaching the back of MAJESTIC SUNSET, shifted up the track, when Mr Jones activated the head gear, and had to be pulled down the track back into the passing lane. We determined that by the time EYRE I GO was straightened and back down into the passing lane, MAJESTIC SUNSET, had shifted back out to a position that left enough room for EYRE I GO to improve into, without being impeded. ERYE I GO was in tight racing quarters but still able to utilise the passing lane to advantage. We therefore find that although there was some inconvenience to EYRE I GO, this Committee determined that there was not sufficient interference by MAJESTIC SUNSET to EYRE I GO, to conclude that a change of placings be considered. We therefore determined that the protest be dismissed.
Decision:
The protest was dismissed with the judge's official placings being confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A (2) & Passing Lane, False Rails and Home Straight Regulations
Informant: S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: T Chmiel-Open Horseman, M Jones-Open Horseman
StipendSteward:
raceid: f4f97663576d1b896a0e5483c7154645
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5acc316cbfb99e367042b9049f6ab23
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2019
meet_title: Timaru HRC - 24 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC