Manawatu HRC 17 May 2013 – R 2 (request for a ruling)
ID: JCA12232
Meet Title:
Manawatu HRC - 17 May 2013
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2013/05/17
Race Number:
R2
Decision:
Therefore, the committee did not direct that Race 2 be re-run.
Facts:
After the abandonment of Race 2 (Inspired Impact Mobile Pace 2500m), Information A2325 was filed with the Judicial Committee requesting a ruling. The ruling being sought was: “whether Race 2 be run again or declared null and void.”
Rule 1102(2) provides:
“The functions of a Judicial Committee shall be:
(a) from one hour prior to the advertised starting time of the first race of any day of a Race Meeting until after the conclusion of the last proceeding which it commences to deal with on that day, or thirty minutes after the last race run on that day (whichever is the later) to:
(iii) declare a race null and void and if it thinks expedient order that such race be run again;
Submissions for Decision:
Stipendiary Steward Mr Ydgren advised that there was a significant incident in Race 2 where a number of horses were involved in an accident. He used the video footage to highlight the severity of the incident. He stated that six horses were affected, leaving four horses unaffected and one horse progressing into a gallop. The race was abandoned by the stewards during the race as it became apparent that the racetrack could not be cleared in time for the race to continue.
Mrs Farmer from TAB Raceday Control advised that after seeing the race incident she made communication with the Raceday Secretary who advised her that the race had been abandoned. She then contacted Raceday Control in Wellington and then completed the actions necessary to abandon the race and initiate the refund of investments on the race. She subsequently received a call from the Raceday Secretary to see if the race could be re-run. She phoned Raceday Control to see if it could, and they advised that the race could not be reopened.
Mr Curtin was the driver of VERTICAL FOUR, which was unaffected by the incident. He advised that a lot of money had been paid for horses to travel from long distances such as Christchurch and Blenheim. He advised that he had paid $1000 +GST for travel on the float, and believed the race should be re-run. He submitted that drivers who were still in the race after the incident were aware that an accident had taken place, but that they were only “jogging, waiting to see what was going to happen. While he had travelled a long distance, he was aware that the TAB had already refunded all bets on the race, but that this needed to be looked at in the future so that such an action does not happen until a decision as to whether the race was going to be re-run or not was made.
Raceday Secretary Mr Hobbs advised that after the second day the Club would try to correct this situation with those runners not affected. He said if those horses did not receive any money on the second day, he would be talking with the Club to make sure a contribution towards costs was made.
The chairman sought clarification from TAB Raceday Control and was advised that wagering on Race 2 could not be resumed as it had been advised that the race had been abandoned. It was also not possible to add an additional Race 11 without compromising the software.
Reasons for Decision:
Due to the fact that the TAB had been advised that Race 2 had been abandoned and the refund of investments had commenced, the committee reached the conclusion that it had no discretion to direct that the race be run again. This conclusion was also based on the evidence of the TAB that there was an inability for them to reschedule the running of the race for betting purposes. However, Mr Curtin raised a point worthy of further consideration by officials. An understanding of the relevant process will ensure that such an issue does not arise in the future. It appears TAB Raceday Control were advised that the race had been abandoned prematurely, and this has therefore caused limitations as to whether or not the race could be re-run or not.
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: 4382f5856f85c246ceffa55e081d689f
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/05/2013
hearing_title: Manawatu HRC 17 May 2013 - R 2 (request for a ruling)
charge:
facts:
After the abandonment of Race 2 (Inspired Impact Mobile Pace 2500m), Information A2325 was filed with the Judicial Committee requesting a ruling. The ruling being sought was: “whether Race 2 be run again or declared null and void.”
Rule 1102(2) provides:
“The functions of a Judicial Committee shall be:
(a) from one hour prior to the advertised starting time of the first race of any day of a Race Meeting until after the conclusion of the last proceeding which it commences to deal with on that day, or thirty minutes after the last race run on that day (whichever is the later) to:
(iii) declare a race null and void and if it thinks expedient order that such race be run again;
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Ydgren advised that there was a significant incident in Race 2 where a number of horses were involved in an accident. He used the video footage to highlight the severity of the incident. He stated that six horses were affected, leaving four horses unaffected and one horse progressing into a gallop. The race was abandoned by the stewards during the race as it became apparent that the racetrack could not be cleared in time for the race to continue.
Mrs Farmer from TAB Raceday Control advised that after seeing the race incident she made communication with the Raceday Secretary who advised her that the race had been abandoned. She then contacted Raceday Control in Wellington and then completed the actions necessary to abandon the race and initiate the refund of investments on the race. She subsequently received a call from the Raceday Secretary to see if the race could be re-run. She phoned Raceday Control to see if it could, and they advised that the race could not be reopened.
Mr Curtin was the driver of VERTICAL FOUR, which was unaffected by the incident. He advised that a lot of money had been paid for horses to travel from long distances such as Christchurch and Blenheim. He advised that he had paid $1000 +GST for travel on the float, and believed the race should be re-run. He submitted that drivers who were still in the race after the incident were aware that an accident had taken place, but that they were only “jogging, waiting to see what was going to happen. While he had travelled a long distance, he was aware that the TAB had already refunded all bets on the race, but that this needed to be looked at in the future so that such an action does not happen until a decision as to whether the race was going to be re-run or not was made.
Raceday Secretary Mr Hobbs advised that after the second day the Club would try to correct this situation with those runners not affected. He said if those horses did not receive any money on the second day, he would be talking with the Club to make sure a contribution towards costs was made.
The chairman sought clarification from TAB Raceday Control and was advised that wagering on Race 2 could not be resumed as it had been advised that the race had been abandoned. It was also not possible to add an additional Race 11 without compromising the software.
reasonsfordecision:
Due to the fact that the TAB had been advised that Race 2 had been abandoned and the refund of investments had commenced, the committee reached the conclusion that it had no discretion to direct that the race be run again. This conclusion was also based on the evidence of the TAB that there was an inability for them to reschedule the running of the race for betting purposes. However, Mr Curtin raised a point worthy of further consideration by officials. An understanding of the relevant process will ensure that such an issue does not arise in the future. It appears TAB Raceday Control were advised that the race had been abandoned prematurely, and this has therefore caused limitations as to whether or not the race could be re-run or not.
Decision:
Therefore, the committee did not direct that Race 2 be re-run.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: Rule 1102(a)(iii)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: D Farmer - TAB Raceday Control, C Hobbs - Raceday Secretary, Mr J Curtin - Open Horseman
Respondent:
StipendSteward: Mr N Ydgren - Stipendiary Steward
raceid: 7bd55e1b600596c5b5410dc53a4fef12
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: 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