Banks Peninsula TC 29 September 2013 – R 4 (request for a ruling)
ID: JCA13032
Meet Title:
Banks Peninsula TC - 29 September 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/09/29
Race Number:
R4
Decision:
The Committee ruled that JOHN DOE be declared a non-runner in Race 4.
Facts:
Following the running of Race 4, Nevele R Stud Mobile Pace, an information by way of a request for a ruling was filed by Stipendiary Steward, Mr N M Ydgren, seeking a ruling as to whether JOHN DOE (B M Thomas) “was denied a fair start by not being able to start in its correct position”.
Mr B M Thomas, Licensed Junior Driver, driver of JOHN DOE was present at the hearing of the information and he indicated that he was representing the connections of that horse. Also present at the hearing were Licensed Open Driver, Mrs A L Lethaby (driver of STREAMLINE BOY), and Mr P C Lamb, Starter.
Rule 213 provides as follows:
(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 was denied a fair start and such occurrence materially prejudiced the chances of that horse.
Rule 1112 provides as follows:
(1) The following persons may file with the Registrar of a Judicial Committee an information to which there is no defendant but which seeks a ruling from the Judicial Committee on a matter referred to in the information:-
(a) a Stipendiary Steward.
(4) The Judicial Committee may rule on the matter referred to in any such information and its ruling shall, subject to an Appeals Tribunal, be binding on all persons and others to whom these Rules apply.
Submissions for Decision:
Mr Ydgren told the Committee that Mr Thomas was the driver of JOHN DOE in Race 4 which, after scratchings, was to start from barrier position 3 on the second row behind the mobile barrier at the 2000 metres start, following out MACHS A FLYIN (B N Orange) which had drawn 3 on the front row.
STREAMLINE BOY (A L Lethaby) had started from the wrong barrier position, 3 on the second row, which was where Mr Thomas should have started from. Mr Ydgren demonstrated this on video replays. This resulted in Mt Thomas being “quite a distance back” in the third line. Mr Thomas attempted to get in behind Mrs Lethaby. The vacant barrier position of 2 on the second row, from where Mrs Lethaby should have started, could be seen on the video replay. Mr Thomas had claimed that he had been denied a fair start, Mr Ydgren said.
The starter, Mr P C Lamb, said that there was little he could say except that two drivers had ended up in the incorrect barrier positions. Mr Lamb said that he had not received a call from either driver (although Mr Thomas said that he did call out). Furthermore, when he first observed Mr Thomas, it appeared that he had drifted off the gate from barrier position 2 on the second row. The scratchings had been called to the drivers prior to coming into line, he said.
Mrs Lethaby said that she was not aware of the scratching inside her and, as a result, started from the wrong barrier position. She had not been made aware of the scratchings prior to the start, she said. She said that Mr Thomas had come to the inside of her at the start and she was not aware that he was to start from outside her. Mr Thomas accepted that there had been “a bit of a mix up at the start”.
Mr Thomas submitted that his chances had been affected. If he had been in the correct position, he would have got a better “spot”. He ended up back in the field and on the fence. He was then inconvenienced when MACHS A FLYIN broke. His horse had run on “very good” at the finish. Mr Ydgren added that Mrs Lethaby’s horse had secured a much better run in the race, having started from Mr Thomas’ position.
Reasons for Decision:
The Committee was satisfied that JOHN DOE had been denied a fair start as a result of being denied the opportunity to start from the correct barrier position at the mobile start. Instead of starting from barrier 2 on the second row, it was obliged to start behind the runner that had incorrectly started from that barrier position. It was, therefore, giving the field a start through no fault of its own or its driver, Mr Thomas. It followed, in the Committee’s view, that having been denied a fair start its chances were “materially prejudiced” in terms 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: 38ec0927e33780cb98eb04c35f91afa6
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/09/2013
hearing_title: Banks Peninsula TC 29 September 2013 - R 4 (request for a ruling)
charge:
facts:
Following the running of Race 4, Nevele R Stud Mobile Pace, an information by way of a request for a ruling was filed by Stipendiary Steward, Mr N M Ydgren, seeking a ruling as to whether JOHN DOE (B M Thomas) “was denied a fair start by not being able to start in its correct position”.
Mr B M Thomas, Licensed Junior Driver, driver of JOHN DOE was present at the hearing of the information and he indicated that he was representing the connections of that horse. Also present at the hearing were Licensed Open Driver, Mrs A L Lethaby (driver of STREAMLINE BOY), and Mr P C Lamb, Starter.
Rule 213 provides as follows:
(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 was denied a fair start and such occurrence materially prejudiced the chances of that horse.
Rule 1112 provides as follows:
(1) The following persons may file with the Registrar of a Judicial Committee an information to which there is no defendant but which seeks a ruling from the Judicial Committee on a matter referred to in the information:-
(a) a Stipendiary Steward.
(4) The Judicial Committee may rule on the matter referred to in any such information and its ruling shall, subject to an Appeals Tribunal, be binding on all persons and others to whom these Rules apply.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren told the Committee that Mr Thomas was the driver of JOHN DOE in Race 4 which, after scratchings, was to start from barrier position 3 on the second row behind the mobile barrier at the 2000 metres start, following out MACHS A FLYIN (B N Orange) which had drawn 3 on the front row.
STREAMLINE BOY (A L Lethaby) had started from the wrong barrier position, 3 on the second row, which was where Mr Thomas should have started from. Mr Ydgren demonstrated this on video replays. This resulted in Mt Thomas being “quite a distance back” in the third line. Mr Thomas attempted to get in behind Mrs Lethaby. The vacant barrier position of 2 on the second row, from where Mrs Lethaby should have started, could be seen on the video replay. Mr Thomas had claimed that he had been denied a fair start, Mr Ydgren said.
The starter, Mr P C Lamb, said that there was little he could say except that two drivers had ended up in the incorrect barrier positions. Mr Lamb said that he had not received a call from either driver (although Mr Thomas said that he did call out). Furthermore, when he first observed Mr Thomas, it appeared that he had drifted off the gate from barrier position 2 on the second row. The scratchings had been called to the drivers prior to coming into line, he said.
Mrs Lethaby said that she was not aware of the scratching inside her and, as a result, started from the wrong barrier position. She had not been made aware of the scratchings prior to the start, she said. She said that Mr Thomas had come to the inside of her at the start and she was not aware that he was to start from outside her. Mr Thomas accepted that there had been “a bit of a mix up at the start”.
Mr Thomas submitted that his chances had been affected. If he had been in the correct position, he would have got a better “spot”. He ended up back in the field and on the fence. He was then inconvenienced when MACHS A FLYIN broke. His horse had run on “very good” at the finish. Mr Ydgren added that Mrs Lethaby’s horse had secured a much better run in the race, having started from Mr Thomas’ position.
reasonsfordecision:
The Committee was satisfied that JOHN DOE had been denied a fair start as a result of being denied the opportunity to start from the correct barrier position at the mobile start. Instead of starting from barrier 2 on the second row, it was obliged to start behind the runner that had incorrectly started from that barrier position. It was, therefore, giving the field a start through no fault of its own or its driver, Mr Thomas. It followed, in the Committee’s view, that having been denied a fair start its chances were “materially prejudiced” in terms of the Rule.
Decision:
The Committee ruled that JOHN DOE be declared a non-runner in Race 4.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: B M Thomas, Licensed Junior Driver, A L Lethaby, Licensed Open Driver, P C Lamb, Starter
Respondent:
StipendSteward: N M Ydgren, Stipendiary Steward
raceid: f393e3d2b7f9d6dfaddb1af0c5d2a24f
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: 4a14364d39db467fe34fa38d30541bed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/09/2013
meet_title: Banks Peninsula TC - 29 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC