Manawatu HRC 17 May 2013 – R 7 (request for a ruling)
ID: JCA11794
Meet Title:
Manawatu HRC - 17 May 2013
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2013/05/17
Race Number:
R7
Decision:
TRIUMPHANT KNIGHT was declared a starter in Race 7.
Facts:
After the running of Race 7 (Harding Livestock Mobile Pace 2500m), Information A2326 was filed with the Judicial Committee requesting a ruling. The ruling being sought was: “whether TRIUMPHANT KNIGHT was denied a fair start.”
Rule 213 provides:
(1) A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:-
…(j) if a horse is denied a fair start and such occurrence materially prejudiced the chances of that horse.”
Rule 213(1)(j) was read and confirmed as understood by all parties.
Rule 857 states …”(3) MOBILE STARTS
All mobile starts shall be conducted in accordance with the following provisions:-…
(i) RECALL - REASONS FOR. The Starter shall sound a recall for the following reasons
and no other:-
(i) a horse starts ahead of the gate;
(ii) there is interference;
(iii) a horse has broken equipment;
(iv) a horse falls before the word RIGHT is given;
(v) an emergency occurs.”
Submissions for Decision:
Stipendiary Steward Mr Ydgren referred to the reasons for a recall from a mobile start under the provisions of Rule 857(3)(i) and indicated that section(ii) relating to interference was relevant for the committee’s consideration.
He submitted that Mr Argue felt he had sustained interference prior to the start. The details of the allegation were that in the score-up, OHAU FLASH (S Phelan) drawn gate 3, galloped and lost some ground. Mr Argue was drawn to follow out OHAU FLASH, and had restrained his horse in an attempt to allow Mr Phelan to get back into his rightful spot. However, Mr Phelan had been unable to get there, and Mr Argue had been stranded on the third line, unable to take up the rightful position to which he was entitled. Using the available films, Mr Ydgren identified Mr Phelan’s horse galloping. He then pointed out Mr Argue shifting up to where he was drawn; Mr Phelan then recovered and was making quite an effort to get back into his spot; three on the front line. Mr Argue then shifted down into two, to allow Mr Phelan to get into position. By that stage the start had been affected, but Mr Argue had never been entitled to shift out to start where Mr Phelan started from. Mr Ydgren also used the films to demonstrate TRIUMPHANT KNIGHT galloping and losing considerable ground shortly after the start. The stipendiary stewards conceded that Mr Argue had been inconvenienced prior to the start, but felt TRIUMPHANT KNIGHT had started 1 length in arrears of where he was supposed to and galloped free from interference just after the start. This placed some doubt in the stewards’ minds as to whether the horse’s chances were materially prejudiced because of this incident.
The Starter Mr Phillips stated that it was “messy” right from the point of dispatch, moving up from score-up. He called to the drivers several times and observed that Mr Phelan’s horse was going backwards, and had been just “jogging” from the point of the crossing. By this stage, Mr Argue had moved over to allow OHAU FLASH to get into position, and Mr Phelan had not carried on and gone forward, so Mr Argue had been slightly inconvenienced. However, Mr Phillips did not believe the interference was as such to believe he should call a false start. In response to a question from the committee, he confirmed that the nature of the horses in the score-up was untidy, but he did not believe TRIUMPHANT KNIGHT’s chances were materially prejudiced, or else he would have called a false start during the score-up.
Mr Argue confirmed that it was a “very messy” start. When he had moved around to get clear, his horse had become a little unbalanced and had got on the bit. He looked behind to see Mr Phelan trying to make ground, so he then restrained into the two-off line and then moved onto the third-line to allow Mr Phelan to come up. Mr Phelan was making a big effort driving his horse to get into position and TRIUMPHANT KNIGHT as a result, started to get more fierce behind the gate and was very unbalanced. Mr Argue submitted that this was the reason why he had galloped going into the first bend. Further, he advised that he was also aware that he was required to allow OHAU FLASH to get into its rightful position if it recovered in time.
The committee asked Mr Ydgren if he believed Mr Argue was obliged to wait in order to allow Mr Phelan to get into position, considering Mr Phelan’s horse was a little unruly. In response, Mr Ydgren stated that if it occurred early in the score-up, he would expect Mr Argue to show consideration for Mr Phelan, but in this instance due to OHAU FLASH’s behaviour, he was quite entitled to take up his position.
Reasons for Decision:
The committee gave careful consideration to the submissions placed before it and the available video footage. There is no doubt that inconvenience towards TRIUMPHANT KNIGHT did take place, and it is clear that the score-up could be defined as ‘messy’. Mr Phillips is an experienced starter and he appeared acutely aware of the behaviour being exhibited by OHAU FLASH in the score up, but chose not to declare a false start due to the consistent nature of the score of other runners in the race. To satisfy the provision of Rule 213(1)(j), the chances of TRIUMPHANT KNIGHT needed to be materially prejudiced as a direct result of the interference suffered. After considering all factors, the committee was not satisfied that the interference has resulted in TRIUMPHANT KNIGHT being denied a fair start, and did not believe it’s chances were materially prejudiced relative to other runners in the race.
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: 2c0227456f279b2114cd848d3ed19da7
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/05/2013
hearing_title: Manawatu HRC 17 May 2013 - R 7 (request for a ruling)
charge:
facts:
After the running of Race 7 (Harding Livestock Mobile Pace 2500m), Information A2326 was filed with the Judicial Committee requesting a ruling. The ruling being sought was: “whether TRIUMPHANT KNIGHT was denied a fair start.”
Rule 213 provides:
(1) A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:-
…(j) if a horse is denied a fair start and such occurrence materially prejudiced the chances of that horse.”
Rule 213(1)(j) was read and confirmed as understood by all parties.
Rule 857 states …”(3) MOBILE STARTS
All mobile starts shall be conducted in accordance with the following provisions:-…
(i) RECALL - REASONS FOR. The Starter shall sound a recall for the following reasons
and no other:-
(i) a horse starts ahead of the gate;
(ii) there is interference;
(iii) a horse has broken equipment;
(iv) a horse falls before the word RIGHT is given;
(v) an emergency occurs.”
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Ydgren referred to the reasons for a recall from a mobile start under the provisions of Rule 857(3)(i) and indicated that section(ii) relating to interference was relevant for the committee’s consideration.
He submitted that Mr Argue felt he had sustained interference prior to the start. The details of the allegation were that in the score-up, OHAU FLASH (S Phelan) drawn gate 3, galloped and lost some ground. Mr Argue was drawn to follow out OHAU FLASH, and had restrained his horse in an attempt to allow Mr Phelan to get back into his rightful spot. However, Mr Phelan had been unable to get there, and Mr Argue had been stranded on the third line, unable to take up the rightful position to which he was entitled. Using the available films, Mr Ydgren identified Mr Phelan’s horse galloping. He then pointed out Mr Argue shifting up to where he was drawn; Mr Phelan then recovered and was making quite an effort to get back into his spot; three on the front line. Mr Argue then shifted down into two, to allow Mr Phelan to get into position. By that stage the start had been affected, but Mr Argue had never been entitled to shift out to start where Mr Phelan started from. Mr Ydgren also used the films to demonstrate TRIUMPHANT KNIGHT galloping and losing considerable ground shortly after the start. The stipendiary stewards conceded that Mr Argue had been inconvenienced prior to the start, but felt TRIUMPHANT KNIGHT had started 1 length in arrears of where he was supposed to and galloped free from interference just after the start. This placed some doubt in the stewards’ minds as to whether the horse’s chances were materially prejudiced because of this incident.
The Starter Mr Phillips stated that it was “messy” right from the point of dispatch, moving up from score-up. He called to the drivers several times and observed that Mr Phelan’s horse was going backwards, and had been just “jogging” from the point of the crossing. By this stage, Mr Argue had moved over to allow OHAU FLASH to get into position, and Mr Phelan had not carried on and gone forward, so Mr Argue had been slightly inconvenienced. However, Mr Phillips did not believe the interference was as such to believe he should call a false start. In response to a question from the committee, he confirmed that the nature of the horses in the score-up was untidy, but he did not believe TRIUMPHANT KNIGHT’s chances were materially prejudiced, or else he would have called a false start during the score-up.
Mr Argue confirmed that it was a “very messy” start. When he had moved around to get clear, his horse had become a little unbalanced and had got on the bit. He looked behind to see Mr Phelan trying to make ground, so he then restrained into the two-off line and then moved onto the third-line to allow Mr Phelan to come up. Mr Phelan was making a big effort driving his horse to get into position and TRIUMPHANT KNIGHT as a result, started to get more fierce behind the gate and was very unbalanced. Mr Argue submitted that this was the reason why he had galloped going into the first bend. Further, he advised that he was also aware that he was required to allow OHAU FLASH to get into its rightful position if it recovered in time.
The committee asked Mr Ydgren if he believed Mr Argue was obliged to wait in order to allow Mr Phelan to get into position, considering Mr Phelan’s horse was a little unruly. In response, Mr Ydgren stated that if it occurred early in the score-up, he would expect Mr Argue to show consideration for Mr Phelan, but in this instance due to OHAU FLASH’s behaviour, he was quite entitled to take up his position.
reasonsfordecision:
The committee gave careful consideration to the submissions placed before it and the available video footage. There is no doubt that inconvenience towards TRIUMPHANT KNIGHT did take place, and it is clear that the score-up could be defined as ‘messy’. Mr Phillips is an experienced starter and he appeared acutely aware of the behaviour being exhibited by OHAU FLASH in the score up, but chose not to declare a false start due to the consistent nature of the score of other runners in the race. To satisfy the provision of Rule 213(1)(j), the chances of TRIUMPHANT KNIGHT needed to be materially prejudiced as a direct result of the interference suffered. After considering all factors, the committee was not satisfied that the interference has resulted in TRIUMPHANT KNIGHT being denied a fair start, and did not believe it’s chances were materially prejudiced relative to other runners in the race.
Decision:
TRIUMPHANT KNIGHT was declared a starter in Race 7.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: Rules 231(1)(j) and 857(3)(i)(iii)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Argue - Driver of TRIUMPHANT KNIGHT, Mr G Phillips - Official Starter
Respondent:
StipendSteward: Mr N Ydgren - Stipendiary Steward
raceid: 04c9d9704007ed402c107ff0714cc4d9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 005620a56829ce77b296b98d2d33872e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2013
meet_title: Manawatu HRC - 17 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC