NZ Metro TC 25 January 2011 – R 4 (request for a ruling)
ID: JCA15353
Meet Title:
NZ Metro TC - 25 January 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/01/25
Race Number:
R 4
Decision:
We advised the parties that our Ruling in this case was that “Berry Bromac” take its place in this race in the ownership as listed in the race book.
Facts:
Stipendiary Steward Mr S. P. Renault requested a ruling pursuant to Rules 1112(4), 418 and 213(1)(h) seeking the scratching of “Berry Bromac” (10) from Race 4, the Avon City Ford Mobile Pace.
The Information reads as follows.
“I, the above named informant hereby apply to the judicial committee and seek a ruling on the following matters: The Stewards seek Berry Bromac be scratched from race 4 due to being in the incorrect ownership.”
Rule 1112(4) provides as follows.
“(4) The Judicial Committee may rule on the matter referred to it in any such information and its ruling shall, subject to appeal to an Appeals Tribunal, be binding on all persons and others to whom these Rules apply.”
Rule 213(1)(h) reads 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.
(h) that the horse is not eligible to enter or start in the race;”
Rule 418 provides for the procedures to be followed when changing ownership of a horse.
Submissions for Decision:
Mr Renault gave evidence that information had been received from HRNZ that an application for a change of ownership, this being a lease, had been received in relation to “Berry Bromac”, but that one of the four owners had not signed the lease papers as required by Rule 418. Mr Renault said that as the horse was not in the correct ownership it should be scratched in accordance with Rule 213(1)(h).
Mr Larter gave evidence that the owners had intended to lease the horse, and that he had advised HRNZ that he was now training the horse. He said that the lease form had been sent to HRNZ without the fourth signature, and that he believed that the horse therefore remained in its original ownership. He had spoken to the owners and they had agreed that the horse could race today in their ownership.
Reasons for Decision:
We were satisfied that “Berry Bromac” was owned by the original owners as at today’s date, the intended lease being ineffectual. We accept the evidence from Mr Larter that the owners had agreed that “Berry Bromac” could race in their name today.
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: 88096019d5cecd6db7feaddf80c7b886
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: NZ Metro TC 25 January 2011 - R 4 (request for a ruling)
charge:
facts:
Stipendiary Steward Mr S. P. Renault requested a ruling pursuant to Rules 1112(4), 418 and 213(1)(h) seeking the scratching of “Berry Bromac” (10) from Race 4, the Avon City Ford Mobile Pace.
The Information reads as follows.
“I, the above named informant hereby apply to the judicial committee and seek a ruling on the following matters: The Stewards seek Berry Bromac be scratched from race 4 due to being in the incorrect ownership.”
Rule 1112(4) provides as follows.
“(4) The Judicial Committee may rule on the matter referred to it in any such information and its ruling shall, subject to appeal to an Appeals Tribunal, be binding on all persons and others to whom these Rules apply.”
Rule 213(1)(h) reads 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.
(h) that the horse is not eligible to enter or start in the race;”
Rule 418 provides for the procedures to be followed when changing ownership of a horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence that information had been received from HRNZ that an application for a change of ownership, this being a lease, had been received in relation to “Berry Bromac”, but that one of the four owners had not signed the lease papers as required by Rule 418. Mr Renault said that as the horse was not in the correct ownership it should be scratched in accordance with Rule 213(1)(h).
Mr Larter gave evidence that the owners had intended to lease the horse, and that he had advised HRNZ that he was now training the horse. He said that the lease form had been sent to HRNZ without the fourth signature, and that he believed that the horse therefore remained in its original ownership. He had spoken to the owners and they had agreed that the horse could race today in their ownership.
reasonsfordecision:
We were satisfied that “Berry Bromac” was owned by the original owners as at today’s date, the intended lease being ineffectual. We accept the evidence from Mr Larter that the owners had agreed that “Berry Bromac” could race in their name today.
Decision:
We advised the parties that our Ruling in this case was that “Berry Bromac” take its place in this race in the ownership as listed in the race book.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 1112(4),418 and 213(1)(h)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr MG Larter - Licensed Trainer
Respondent:
StipendSteward: Mr SP Renault
raceid: c47df2eba66ff2b96afa95743717164a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9514df737d4c5275ee018f47ab85caba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2011
meet_title: NZ Metro TC - 25 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC