Ashburton TC 22 February 2020 – R 4 – Chair, Mr R McKenzie
ID: JCA11315
Meet Title:
Ashburton TC - 22 February 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Meet Committee Member 2:
LYong
Race Date:
2020/02/22
Race Number:
R4
Decision:
The charge was dismissed.
Facts:
Following the running of Race 4, Newlands Auto Electrical Mares Mobile Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr S R McNally, alleging a breach of Rule 857 (7) (d) in that Mr McNally, as the driver of MONRIKA in the race, “came to the barrier out of position resulting in outside horses being placed in restricted room.”
Mr McNally had signed the Statement by the Respondent on the information form indicating that he denied the breach. He was present at the hearing of the information and he confirmed that he denied the breach.
Rule 857 provides as follows:
(5) No driver shall:-
(d) come to the starting gate out of position.
Submissions for Decision:
Mr Renault showed video replays of the start of the race, a mobile 1609 metres for 4-year-old and older mares Rating 40-70. He pointed out MONRIKA, driven by Mr McNally, which was to start from barrier position 5. Mr Renault pointed out that rounding the bend into the straight it was following position 6. Later in the score-up it moved down to “5½”, Mr Renault alleged.
Mr McNally had come to the barrier out of position, which had crowded the horses drawn outside him, FULL OF HOPE (G D O’Reilly), FAR FROM TRUE (D J White) and MAJESTIC CHEVRON (B N Orange), drawn 6, 7 and 8 respectively, forcing them to shift wider, Mr Renault alleged. Mr White’s horse, in particular, had been crowded out of his position and, shortly after, made contact with the wheel of FULL OF HOPE and went off stride, causing a false start to be declared. Mr McNally was not following the 5 “peg”, but was following the 6, Mr Renault said.
Mr McNally said that it was apparent that the nose of his runner was behind the number 6 on the mobile gate. It happens in most races that horses do not approach the gate in the correct position, he said. Approaching the start, he had moved his horse down. The point of the start that Mr Renault pointed out was at least 200 metres from the starting point, he submitted.
He then pointed the runners drawn 3 and 4 – CRUSHER COLLINS (J R Dunn) and CHIVASION (M P Edmonds) – were also in the incorrect starting positions. Mr Edmonds was “half in” his position in barrier 5, Mr McNally submitted. The entrance to the straight is some distance from the 1609 metres starting point. Closer to the starting point, he submitted, the drivers began to fall into their correct starting positions, Mr McNally submitted.
Mr McNally said that runners are lined up from the outside in and Mr White, as the horses left, had hung back from his position which has contributed to his runner being the one lacking racing room. Mr O’Reilly’s horse was also moving about, he submitted. Mr White had the opportunity to take up barrier position 7, but chose not to. In this particular race, for some reason, the runners drawn barriers 1 and 2 were the first ones up on the gate, he said. This also contributed to the situation, he submitted.
Reasons for Decision:
The Committee carefully considered the evidence and submissions of the parties and, likewise, carefully viewed the available video replays.
In the Committee’s view, the start of this particular race, which turned out to be a false start, was unsatisfactory in a number of ways.
It did appear that, certainly at one point, Mr McNally’s runner was behind the 6 marker or peg on the mobile gate. However, as pointed out by Mr McNally, that was at a point some distance from the 1609 metres starting point, when the eleven runners were coming up and settling into their respective correct positions and, indeed, Mr McNally did take his runner down before the starting point. Prior to that, there is merit in his submission, that he had been denied full access to his correct starting position of barrier position 5, due to the runners drawn 3 and 4 both being in line wide of their correct positions for a distance.
In summary, it was just a poor start, for a number of reasons, as happens from time to time and, in the event, the starter called a false start and the restart occurred without incident.
In all of the circumstances, the Committee was not satisfied that Mr McNally’s actions constituted a breach of the rule.
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: 158623de2c83d5f28191bc259e029223
informantnumber: A13119
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Coming to Barrier Out of Position
plea: denied
penaltyrequired: 0
decisiondate: 25/02/2020
hearing_title: Ashburton TC 22 February 2020 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Newlands Auto Electrical Mares Mobile Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr S R McNally, alleging a breach of Rule 857 (7) (d) in that Mr McNally, as the driver of MONRIKA in the race, “came to the barrier out of position resulting in outside horses being placed in restricted room.”
Mr McNally had signed the Statement by the Respondent on the information form indicating that he denied the breach. He was present at the hearing of the information and he confirmed that he denied the breach.
Rule 857 provides as follows:
(5) No driver shall:-
(d) come to the starting gate out of position.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the start of the race, a mobile 1609 metres for 4-year-old and older mares Rating 40-70. He pointed out MONRIKA, driven by Mr McNally, which was to start from barrier position 5. Mr Renault pointed out that rounding the bend into the straight it was following position 6. Later in the score-up it moved down to “5½”, Mr Renault alleged.
Mr McNally had come to the barrier out of position, which had crowded the horses drawn outside him, FULL OF HOPE (G D O’Reilly), FAR FROM TRUE (D J White) and MAJESTIC CHEVRON (B N Orange), drawn 6, 7 and 8 respectively, forcing them to shift wider, Mr Renault alleged. Mr White’s horse, in particular, had been crowded out of his position and, shortly after, made contact with the wheel of FULL OF HOPE and went off stride, causing a false start to be declared. Mr McNally was not following the 5 “peg”, but was following the 6, Mr Renault said.
Mr McNally said that it was apparent that the nose of his runner was behind the number 6 on the mobile gate. It happens in most races that horses do not approach the gate in the correct position, he said. Approaching the start, he had moved his horse down. The point of the start that Mr Renault pointed out was at least 200 metres from the starting point, he submitted.
He then pointed the runners drawn 3 and 4 – CRUSHER COLLINS (J R Dunn) and CHIVASION (M P Edmonds) – were also in the incorrect starting positions. Mr Edmonds was “half in” his position in barrier 5, Mr McNally submitted. The entrance to the straight is some distance from the 1609 metres starting point. Closer to the starting point, he submitted, the drivers began to fall into their correct starting positions, Mr McNally submitted.
Mr McNally said that runners are lined up from the outside in and Mr White, as the horses left, had hung back from his position which has contributed to his runner being the one lacking racing room. Mr O’Reilly’s horse was also moving about, he submitted. Mr White had the opportunity to take up barrier position 7, but chose not to. In this particular race, for some reason, the runners drawn barriers 1 and 2 were the first ones up on the gate, he said. This also contributed to the situation, he submitted.
reasonsfordecision:
The Committee carefully considered the evidence and submissions of the parties and, likewise, carefully viewed the available video replays.
In the Committee’s view, the start of this particular race, which turned out to be a false start, was unsatisfactory in a number of ways.
It did appear that, certainly at one point, Mr McNally’s runner was behind the 6 marker or peg on the mobile gate. However, as pointed out by Mr McNally, that was at a point some distance from the 1609 metres starting point, when the eleven runners were coming up and settling into their respective correct positions and, indeed, Mr McNally did take his runner down before the starting point. Prior to that, there is merit in his submission, that he had been denied full access to his correct starting position of barrier position 5, due to the runners drawn 3 and 4 both being in line wide of their correct positions for a distance.
In summary, it was just a poor start, for a number of reasons, as happens from time to time and, in the event, the starter called a false start and the restart occurred without incident.
In all of the circumstances, the Committee was not satisfied that Mr McNally’s actions constituted a breach of the rule.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 857(7)(d)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: S R McNally, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 56a0b6937c98fa3c0d663a649e843bd5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2bfffe1e71cd59cfeec67c1572ebe910
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/02/2020
meet_title: Ashburton TC - 22 February 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: LYong
name: Ashburton TC