NZ Metro TC 20 February 2015 – R 5 (request for a ruling)
ID: JCA16585
Meet Title:
NZ Metro TC - 20 February 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2015/02/20
Race Number:
R5
Decision:
NUI TOC TIEN was ruled to be a late scratching in the race and it was ordered that all investments on that horse be refunded.
Facts:
Following the running of Race 5, Christian Cullen Pace, an information requesting a ruling was filed by Stipendiary Steward, Mr S P Renault, seeking a ruling “as to whether Horse 13 (NUI TOC TIEN driven by S J Ottley) was denied a fair start”.
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.
Ms Ottley was present at the hearing of the information along with the trainer of NUI TOC TIEN, Mr S A Dolan, and the starter, Mr P C Lamb.
Submissions for Decision:
NUI TOC TIEN had drawn barrier position 3 on the second row at the 2600 metres standing start point. Mr Renault pointed the horse out on video replays, prior to the start, as it began to line up. It then began to play up and back away. As it did so, the tape was released. Ms Ottley was standing up in the sulky and the horse was going backwards when the tape released, Mr Renault said.
Mr Renault submitted that the horse’s barrier manners were initially to blame. However, Ms Ottley was standing up in the sulky.
Ms Ottley told the Committee that the horse had stood well for some time waiting for the horse, RAPID MACH, which had been rearing on the front row in front of her horse. Her horse had stood well for a long time, but was just “on the back foot”. She and the starter’s assistant called out to the starter. The starter’s assistant knew the horse was in trouble, she said. She was not even seated in the sulky and the video clearly showed the horse was denied a fair start, Ms Ottley said.
Mr Dolan stated that RAPID MACH had held up the entire field. NUI TOC TIEN had been well-behaved and the remainder of the field had been penalised having to wait for it to settle. The starter’s assistant had been standing in front of NUI TOC TIEN, directly in its path, when the tape was released. He released the horse’s rein just as the tape was released and Ms Ottley was not in the sulky, Mr Dolan said. The starter’s assistant should not have been standing where he was, he added.
The starter, Mr P C Lamb, said that what preceded the start had no relevance. He conceded that his assistant had been endeavouring to assist the horse at Ms Ottley’s request, he suggested. The horse was backing away when the start was effected but it was not a “false start situation”. Ms Ottley was standing up in the cart but there was no reason for her to be doing that, other than to slow the start down. It was an “unfortunate racing incident”, he said. He had not heard the call from either Ms Ottley or his assistant until after the race had started.
Mr Renault was given the opportunity of making final submissions. He said that, initially, the problem was the horse’s own manners – it was backing away of its own accord. The starter’s assistant had gone to help it. It was clear that Ms Ottley was standing up in the sulky when the start was declared. It was for the Committee to decide whether the horse had thereby been denied a fair start.
Reasons for Decision:
The information sought a ruling as to whether NUI TOC TIEN was denied a fair start and, if so, to declare it a late scratching for the race. In terms of Rule 213 (1) (j), the Committee needed to determine whether the horse was denied a fair start and, if so, whether such occurrence materially prejudiced the chances of that horse.
The behaviour of the other runner, RAPID MACH, prior to the start, is only relevant to a point – it explained the actions of NUI TOC TIEN in backing away prior to the tape being released. The Committee finds that three facts were material in arriving at its ruling. Firstly, the rein of NUI TOC TIEN was being held by the starter’s assistant right up until the moment that the tape released. Secondly, that starter’s assistant was standing directly in front of the horse and, thirdly, Ms Ottley was standing out of the sulky in reliance on the starter’s assistant helping the horse.
The Committee was, clearly, of the view that the combination of those three factors amounted to NUI TOC TIEN being denied a fair start in the race.
The horse subsequently took no part in the race and was taken back to the stabling area and off the track. Since it took no part in the race, it follows that its chances were 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: c8b9970833ef84b813c8ceb410eda437
informantnumber: A4417
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/02/2015
hearing_title: NZ Metro TC 20 February 2015 - R 5 (request for a ruling)
charge:
facts:
Following the running of Race 5, Christian Cullen Pace, an information requesting a ruling was filed by Stipendiary Steward, Mr S P Renault, seeking a ruling “as to whether Horse 13 (NUI TOC TIEN driven by S J Ottley) was denied a fair start”.
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.
Ms Ottley was present at the hearing of the information along with the trainer of NUI TOC TIEN, Mr S A Dolan, and the starter, Mr P C Lamb.
appealdecision:
isappeal:
submissionsfordecision:
NUI TOC TIEN had drawn barrier position 3 on the second row at the 2600 metres standing start point. Mr Renault pointed the horse out on video replays, prior to the start, as it began to line up. It then began to play up and back away. As it did so, the tape was released. Ms Ottley was standing up in the sulky and the horse was going backwards when the tape released, Mr Renault said.
Mr Renault submitted that the horse’s barrier manners were initially to blame. However, Ms Ottley was standing up in the sulky.
Ms Ottley told the Committee that the horse had stood well for some time waiting for the horse, RAPID MACH, which had been rearing on the front row in front of her horse. Her horse had stood well for a long time, but was just “on the back foot”. She and the starter’s assistant called out to the starter. The starter’s assistant knew the horse was in trouble, she said. She was not even seated in the sulky and the video clearly showed the horse was denied a fair start, Ms Ottley said.
Mr Dolan stated that RAPID MACH had held up the entire field. NUI TOC TIEN had been well-behaved and the remainder of the field had been penalised having to wait for it to settle. The starter’s assistant had been standing in front of NUI TOC TIEN, directly in its path, when the tape was released. He released the horse’s rein just as the tape was released and Ms Ottley was not in the sulky, Mr Dolan said. The starter’s assistant should not have been standing where he was, he added.
The starter, Mr P C Lamb, said that what preceded the start had no relevance. He conceded that his assistant had been endeavouring to assist the horse at Ms Ottley’s request, he suggested. The horse was backing away when the start was effected but it was not a “false start situation”. Ms Ottley was standing up in the cart but there was no reason for her to be doing that, other than to slow the start down. It was an “unfortunate racing incident”, he said. He had not heard the call from either Ms Ottley or his assistant until after the race had started.
Mr Renault was given the opportunity of making final submissions. He said that, initially, the problem was the horse’s own manners – it was backing away of its own accord. The starter’s assistant had gone to help it. It was clear that Ms Ottley was standing up in the sulky when the start was declared. It was for the Committee to decide whether the horse had thereby been denied a fair start.
reasonsfordecision:
The information sought a ruling as to whether NUI TOC TIEN was denied a fair start and, if so, to declare it a late scratching for the race. In terms of Rule 213 (1) (j), the Committee needed to determine whether the horse was denied a fair start and, if so, whether such occurrence materially prejudiced the chances of that horse.
The behaviour of the other runner, RAPID MACH, prior to the start, is only relevant to a point – it explained the actions of NUI TOC TIEN in backing away prior to the tape being released. The Committee finds that three facts were material in arriving at its ruling. Firstly, the rein of NUI TOC TIEN was being held by the starter’s assistant right up until the moment that the tape released. Secondly, that starter’s assistant was standing directly in front of the horse and, thirdly, Ms Ottley was standing out of the sulky in reliance on the starter’s assistant helping the horse.
The Committee was, clearly, of the view that the combination of those three factors amounted to NUI TOC TIEN being denied a fair start in the race.
The horse subsequently took no part in the race and was taken back to the stabling area and off the track. Since it took no part in the race, it follows that its chances were materially prejudiced.
Decision:
NUI TOC TIEN was ruled to be a late scratching in the race and it was ordered that all investments on that horse be refunded.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: S J Ottley, Licensed Open Driver, S A Dolan, Licensed Public Trainer, P C Lamb - Starter
Respondent:
StipendSteward: S P Renault-Stipendiary Steward
raceid: f42606571760fd4977810b3670e6211f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ce123ba927209ace619e811028443e3a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/02/2015
meet_title: NZ Metro TC - 20 February 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC