Ashburton RC 15 March 2013 – R 6 (request for a ruling)
ID: JCA16667
Code:
Thoroughbred
Meet Title:
Ashburton RC - 15 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2013/03/15
Race Number:
R2
Decision:
The Committee carefully considered all evidence and submissions. The Committee was satisfied that there were inconsistencies with the surface of the track. The back straight being firmer and more like a Good 1-2 with the front straight nearer to a Dead 4. Of note was that neither “Court Dancer” nor Kimberley Dancer” had raced on the track before. Taking all factors into consideration we were satisfied that it would be detrimental to the horse and the betting public if “Court Dancer” was ordered to start.
Facts:
Prior to the running of Race 6, the Ashburton Trust Open Handicap, an Information Requesting a Ruling was filed by Trainer Mr B D Court, to determine whether “Court Dancer” be permitted to be scratched from the race.
The Information read as follows:
“ I, the above named informant seek a ruling in relation to Rule 534(2)(b)) from the Judicial Committee -Trainer Brian Court requests permission to withdraw “Court Dancer” from the above race due to the inconsistency of the track surface.”
Rule 534(2)(a) &(b) reads as follows:
(a) If, after the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, an Owner or Lessee (as the case may be) or his Agent or its Racing Manager wishes to scratch a horse from a Race he must (whether by production of a veterinary certificate acceptable to the Stipendiary Steward or otherwise) attempt to satisfy the Stipendiary Steward that there are circumstances which warrant the horse being scratched and that he is therefore entitled to scratch it after that time. If the Stipendiary Steward is so satisfied, the Stipendiary Steward may authorise the Owner or Lessee (as the case may be) or his Agent or its Racing Manager to scratch the horse.
“(b) If the Stipendiary Steward is not so satisfied, he shall complete an information and file it with the Registrar for the Judicial Committee and the Judicial Committee shall then determine whether there are circumstances and whether the Owner or Lessee (as the case may be) or his Agent or its Racing Manager is authorised to scratch the horse after that time.”
Submissions for Decision:
Mr Court gave evidence that the track at today’s meeting was classed as a Good 3. He stated that his rider in Race 3 on “Kimberley Court”, B Lammas, had reported to him after that race that the track was inconsistent with the back straight being more like a Good 1-2 and the front straight being more a Dead 4. Mr Lammas had reported that “Kimberley Court” had not handled the Dead 4 part of the track and in his opinion “Court Dancer” would also not handle the Dead 4 part of the track if she raced. Mr Court submitted that both horses were similar and were only suited to Good tracks. He submitted that “Court Dancer” had fragile legs and would not handle the inconsistent track surface. He said he was getting the horse ready for the Easter Cup and did want to flatten the horse by racing him on today’s surface. He stated that “Court Dancer” would be one of the favourites for the race and was concerned for the punter believing that he would not perform well with the inconsistent surface provided. Mr Court was aware of the normal inconsistencies of the track, back straight firmer than front straight, but believed the difference today was a lot more pronounced.
Mr McLaughlin stated that he had walked the track yesterday and confirmed that the back straight was a lot firmer than the front straight. He stated that the track was rated as a Good 3 yesterday afternoon and that had not changed. He also stated that if Mr Court had made contact yesterday as other trainers had and queried the track conditions he would have been able to inform him of its surface inconsistencies and that Mr Court may have opted to scratch by the required time.
Reasons for Decision:
The Committee was satisfied that authorisation be given to the connections of “Court Dancer” to scratch the horse from the race.
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: d203126580f056333c42bd52f02ab5d7
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Ashburton RC 15 March 2013 - R 6 (request for a ruling)
charge:
facts:
Prior to the running of Race 6, the Ashburton Trust Open Handicap, an Information Requesting a Ruling was filed by Trainer Mr B D Court, to determine whether “Court Dancer” be permitted to be scratched from the race.
The Information read as follows:
“ I, the above named informant seek a ruling in relation to Rule 534(2)(b)) from the Judicial Committee -Trainer Brian Court requests permission to withdraw “Court Dancer” from the above race due to the inconsistency of the track surface.”
Rule 534(2)(a) &(b) reads as follows:
(a) If, after the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, an Owner or Lessee (as the case may be) or his Agent or its Racing Manager wishes to scratch a horse from a Race he must (whether by production of a veterinary certificate acceptable to the Stipendiary Steward or otherwise) attempt to satisfy the Stipendiary Steward that there are circumstances which warrant the horse being scratched and that he is therefore entitled to scratch it after that time. If the Stipendiary Steward is so satisfied, the Stipendiary Steward may authorise the Owner or Lessee (as the case may be) or his Agent or its Racing Manager to scratch the horse.
“(b) If the Stipendiary Steward is not so satisfied, he shall complete an information and file it with the Registrar for the Judicial Committee and the Judicial Committee shall then determine whether there are circumstances and whether the Owner or Lessee (as the case may be) or his Agent or its Racing Manager is authorised to scratch the horse after that time.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Court gave evidence that the track at today’s meeting was classed as a Good 3. He stated that his rider in Race 3 on “Kimberley Court”, B Lammas, had reported to him after that race that the track was inconsistent with the back straight being more like a Good 1-2 and the front straight being more a Dead 4. Mr Lammas had reported that “Kimberley Court” had not handled the Dead 4 part of the track and in his opinion “Court Dancer” would also not handle the Dead 4 part of the track if she raced. Mr Court submitted that both horses were similar and were only suited to Good tracks. He submitted that “Court Dancer” had fragile legs and would not handle the inconsistent track surface. He said he was getting the horse ready for the Easter Cup and did want to flatten the horse by racing him on today’s surface. He stated that “Court Dancer” would be one of the favourites for the race and was concerned for the punter believing that he would not perform well with the inconsistent surface provided. Mr Court was aware of the normal inconsistencies of the track, back straight firmer than front straight, but believed the difference today was a lot more pronounced.
Mr McLaughlin stated that he had walked the track yesterday and confirmed that the back straight was a lot firmer than the front straight. He stated that the track was rated as a Good 3 yesterday afternoon and that had not changed. He also stated that if Mr Court had made contact yesterday as other trainers had and queried the track conditions he would have been able to inform him of its surface inconsistencies and that Mr Court may have opted to scratch by the required time.
reasonsfordecision:
The Committee was satisfied that authorisation be given to the connections of “Court Dancer” to scratch the horse from the race.
Decision:
The Committee carefully considered all evidence and submissions. The Committee was satisfied that there were inconsistencies with the surface of the track. The back straight being firmer and more like a Good 1-2 with the front straight nearer to a Dead 4. Of note was that neither “Court Dancer” nor Kimberley Dancer” had raced on the track before. Taking all factors into consideration we were satisfied that it would be detrimental to the horse and the betting public if “Court Dancer” was ordered to start.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 534(2)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: B D Court-Class A Trainer
Respondent:
StipendSteward: J M McLaughlin-Stipendiary Steward
raceid: 64035b3f4af48d692692d58887f4ea1c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b3d3c1bed77bc934516f8ed4bf9a6c6d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/03/2013
meet_title: Ashburton RC - 15 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton RC