Winton HRC 10 April 2016 – R 6 (request for a ruling) – Chair, Prof G Hall
ID: JCA16361
Meet Title:
Winton HRC - 10 April 2016
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2016/04/10
Race Number:
R 6
Decision:
We accordingly advised the Stipendiary Stewards that in our opinion SUMTALA could be late scratched in accordance with the provisions of r 213(1)(j).
Facts:
213(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.
Mr Dunn, the driver of SUMTALA, sought a ruling as to whether that horse was denied a fair start in race 6 the WINTON MITRE 10 MARES MOBILE PACE.
Submissions for Decision:
Mr Dunn stated that his horse had drawn 2 on the second line and he was unable to get into his rightful position at the start. He demonstrated on the videos that some 40 to 50 metres prior to the start TAMMY BROWN, which had drawn 1, had failed to keep up to mobile arm. As a consequence SWEET AS, which was drawn to start immediately behind TAMMY BROWN, had shifted out on the track and into the position he was drawn to occupy. There was thus no room for his horse.
Mr Dunn stated he was denied a fair start as he had started some 5 or 6 lengths behind the second line. He said rather than starting on the second line, he was three or even four back off the gate. He said he had finished near the rear of the field and he believed the difficulties he had had at the start had materially affected his chances. He said he had yelled out to the Starter and when the mobile reached full speed he had had to sprint hard to try to make up the lost ground.
The Starter stated that he accepted TAMMY BROWN was not keeping up but he did not think Mr Dunn had been materially interfered with. That was why he had not called a false start. On viewing the videos he still did not believe it was a false start.
Mr Wallis stated he agreed that TAMMY BROWN had failed to keep up to the mobile arm and that SWEET AS was in Mr Dunn’s spot 2 out on the second line. SUMTALA was some 5 to 6 lengths back when the field was released.
Reasons for Decision:
When the field was scoring up behind the mobile, Mr Dunn had no space to occupy on the second line and had yelled to the Starter to alert him to this. The Starter was aware that TAMMY BROWN was not keeping up before the start and had drifted back into the position SWEET AS would have occupied on the inside of the second line. Because he had nowhere to go other than to drop back, Mr McIlwrick on SWEET AS had shifted wider on the track into the position where Mr Dunn should have been.
We are satisfied that Mr Dunn was denied a fair start due to circumstances beyond his control. The race was over a mile and SUMTALA was 5 to 6 lengths behind the horses on the second line when the mobile moved away. We are satisfied that SUMTALA’s chances were in these circumstances materially prejudiced.
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: a9b86e6e0801543d82e7a2591b928aad
informantnumber: A8074
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/04/2016
hearing_title: Winton HRC 10 April 2016 - R 6 (request for a ruling) - Chair, Prof G Hall
charge:
facts:
213(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.
Mr Dunn, the driver of SUMTALA, sought a ruling as to whether that horse was denied a fair start in race 6 the WINTON MITRE 10 MARES MOBILE PACE.
appealdecision:
isappeal:
submissionsfordecision:
Mr Dunn stated that his horse had drawn 2 on the second line and he was unable to get into his rightful position at the start. He demonstrated on the videos that some 40 to 50 metres prior to the start TAMMY BROWN, which had drawn 1, had failed to keep up to mobile arm. As a consequence SWEET AS, which was drawn to start immediately behind TAMMY BROWN, had shifted out on the track and into the position he was drawn to occupy. There was thus no room for his horse.
Mr Dunn stated he was denied a fair start as he had started some 5 or 6 lengths behind the second line. He said rather than starting on the second line, he was three or even four back off the gate. He said he had finished near the rear of the field and he believed the difficulties he had had at the start had materially affected his chances. He said he had yelled out to the Starter and when the mobile reached full speed he had had to sprint hard to try to make up the lost ground.
The Starter stated that he accepted TAMMY BROWN was not keeping up but he did not think Mr Dunn had been materially interfered with. That was why he had not called a false start. On viewing the videos he still did not believe it was a false start.
Mr Wallis stated he agreed that TAMMY BROWN had failed to keep up to the mobile arm and that SWEET AS was in Mr Dunn’s spot 2 out on the second line. SUMTALA was some 5 to 6 lengths back when the field was released.
reasonsfordecision:
When the field was scoring up behind the mobile, Mr Dunn had no space to occupy on the second line and had yelled to the Starter to alert him to this. The Starter was aware that TAMMY BROWN was not keeping up before the start and had drifted back into the position SWEET AS would have occupied on the inside of the second line. Because he had nowhere to go other than to drop back, Mr McIlwrick on SWEET AS had shifted wider on the track into the position where Mr Dunn should have been.
We are satisfied that Mr Dunn was denied a fair start due to circumstances beyond his control. The race was over a mile and SUMTALA was 5 to 6 lengths behind the horses on the second line when the mobile moved away. We are satisfied that SUMTALA’s chances were in these circumstances materially prejudiced.
Decision:
We accordingly advised the Stipendiary Stewards that in our opinion SUMTALA could be late scratched in accordance with the provisions of r 213(1)(j).
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D Dunn - Open Horseman and Driver of SUMTALA, Mr B Ward - Official Starter
Respondent:
StipendSteward: Mr S Wallis - Stipendiary Steward
raceid: fa2fe234b6aacccff9b98479d73d1439
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a19fc29df69e6b9ebaabb1da1885d1c1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/04/2016
meet_title: Winton HRC - 10 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Winton HRC