Banks Peninsula RC 1 November 2015 – R 8 – Chair, KG Hales
ID: JCA15231
Code:
Thoroughbred
Meet Title:
Banks Peninsula RC - 1 November 2015
Meet Chair:
KHales
Meet Committee Member 1:
DAnderson
Race Date:
2015/11/01
Race Number:
R8
Decision:
After having carefully studied the video coverage of the incident, we direct that the placings called by the Judge are to stand. We decline to declare "CORBYN" a non-starter.
Facts:
As a result of what Mr D Crozier believed happened at the start of the "Mick & Melba Murfitt Memorial Rating 75" he requested a ruling pursuant to Rule 632, that the horse "CORBYN" be declared a non starter.
Mr Crozier, with the assistance of Mr Murray showed the head on and side views of the start to the hearing. He pointed to the fact than when the gates released that they "bounced back" on to "CORBYN" which came into contact with the horse and thereby materially prejudiced the horse's chances in the race. Mr Murray, said that he had to "sit up". Mr Murray said that whilst the horse was actually clear when the gates bounced back, he believed that the horse was conscious of what the gates were doing. "CORBYN" finished 7th in a field of 9 some 7.4 lengths from the winner.
Submissions for Decision:
Mr Crozier's submission was that the horse had it chances materially affected by the gate "bouncing back". He submitted that the horse should be declared a non-starter.
Reasons for Decision:
In order for us to rule in favour of declaring "CORBYN" a non-starter, we must consider several elements of the rule, and to then exercise our discretion as to the request.
Was "CORBYN" prevented from taking an effective part in the race owing to the mechanical failure of the starting stalls? No. The video evidence showed that the gates all opened simultaneously and that "CORBYN" started on even terms with the rest of the field. The gates to "CORBYN'S" stall may have bounced back a little but not in this Committee's opinion sufficient to constitute a "mechanical failure", thereby preventing the horse from taking an effective part in the race. The horse was clear of the gates at the time of the "bounce back" of the gates.
It follows therefore, that the horse was not denied a fair start.
We note that Mr Murray did "sit up" momentarily but it is this Committee's view that when the gates "bounced back" that Mr Murray may have been brushed by them, which caused his actions.
Thus, there is insufficient evidence to convince us to exercise our discretion that "CORBYN" should be declared a non-starter.
JCA Decision Fields (raw)
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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: 78ddcd3110f3d8bf3021010ebafb0e80
informantnumber: A6357
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/11/2015
hearing_title: Banks Peninsula RC 1 November 2015 - R 8 - Chair, KG Hales
charge:
facts:
As a result of what Mr D Crozier believed happened at the start of the "Mick & Melba Murfitt Memorial Rating 75" he requested a ruling pursuant to Rule 632, that the horse "CORBYN" be declared a non starter.
Mr Crozier, with the assistance of Mr Murray showed the head on and side views of the start to the hearing. He pointed to the fact than when the gates released that they "bounced back" on to "CORBYN" which came into contact with the horse and thereby materially prejudiced the horse's chances in the race. Mr Murray, said that he had to "sit up". Mr Murray said that whilst the horse was actually clear when the gates bounced back, he believed that the horse was conscious of what the gates were doing. "CORBYN" finished 7th in a field of 9 some 7.4 lengths from the winner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Crozier's submission was that the horse had it chances materially affected by the gate "bouncing back". He submitted that the horse should be declared a non-starter.
reasonsfordecision:
In order for us to rule in favour of declaring "CORBYN" a non-starter, we must consider several elements of the rule, and to then exercise our discretion as to the request.
Was "CORBYN" prevented from taking an effective part in the race owing to the mechanical failure of the starting stalls? No. The video evidence showed that the gates all opened simultaneously and that "CORBYN" started on even terms with the rest of the field. The gates to "CORBYN'S" stall may have bounced back a little but not in this Committee's opinion sufficient to constitute a "mechanical failure", thereby preventing the horse from taking an effective part in the race. The horse was clear of the gates at the time of the "bounce back" of the gates.
It follows therefore, that the horse was not denied a fair start.
We note that Mr Murray did "sit up" momentarily but it is this Committee's view that when the gates "bounced back" that Mr Murray may have been brushed by them, which caused his actions.
Thus, there is insufficient evidence to convince us to exercise our discretion that "CORBYN" should be declared a non-starter.
Decision:
After having carefully studied the video coverage of the incident, we direct that the placings called by the Judge are to stand. We decline to declare "CORBYN" a non-starter.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: Rule 632, If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings was prevented from taking an effective part in a Race owing to the mechanical failure of starting stalls, or is a denied a fair and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away of its own accord), the Judicial Committee may declare the horse to be a non starter.
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D Crozier - Licensed Trainer, B Murray - Apprentice Jockey
Respondent:
StipendSteward: J M McLaughlin-Stipendiary Steward
raceid: 054e33e0c4a51f6b3c741f436f2064a6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d796531ca4d34bc6fda3a8bcfe23117e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2015
meet_title: Banks Peninsula RC - 1 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula RC