Auckland TC 13 July 2012 – R 1 (request for a ruling)
ID: JCA17241
Meet Title:
Auckland TC - 13 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/07/13
Race Number:
R 1
Decision:
Race 1 is declared null and void and all investments on the race are to be refunded.
Facts:
Following the abandonment of race 1 an Information was by filed by Stipendiary Steward, Mr J Muirhead, requesting a ruling from the Judicial Committee (the ‘Committee’) as to whether or not race 1 is declared null and void. The information read as follows:
“Race one be declared null and void due to a fall on the first bend which resulted in serious injury to driver F Cooney who was left lying on the track”.
This hearing was held pursuant to Rules 211A, 1112 and 1102(2) (a) (iii). Rule 211A provides that:
(1) At any time during a race a Stipendiary Steward may stop and abandon the race when in the opinion of the Stipendiary Steward to allow the race to continue would place a horseman, horses or other persons safety at risk.
Rule 1112 enables a Stipendiary Steward to seek a ruling on any matter raised in information where there is no defendant.
Rule 1102(2) (a) (iii) enables a Judicial Committee to declare a race null and void and if it thinks expedient order that such race be run again.
Prior to the commencement of this hearing the remainder of the races were put back one hour by club officials.
Submissions for Decision:
Mr Muirhead demonstrated the incident by way of available video footage. He told the Committee that AWESOME DESIRE driven by Mr Cooney left the starting gate from barrier number 4. He said that shortly after the start AWESOME DESIRE, broke and stumbled. At the same time TINA BRYDON (S Abernethy) collided into the back of the sulky of AWESOME DESIRE. As a result Mr Cooney was dislodged from the sulky and crashed heavily onto the track. Without delay Mr Cooney was attended to by Ambulance Officers. Mr Muirhead said that for safety reasons he immediately stopped and abandoned the race.
Mr Muirhead advised the Committee that drivers were canvassed for their views on whether the race be run again. One option was that the race could be run after the final event. He said that although some drivers were in favour of this option, the majority were not.
Mr Muirhead said that the circumstances of the fall are the subject of ongoing enquiries.
Reasons for Decision:
The Committee considered whether or not it would be expedient to run the race again either immediately or after the final event which was raised as an option. Under the circumstances, in particular having regard to the time factor, we believe that it was neither practical nor desirable to run the race again. In our view the overall intent of rule 211A is that the race is effectively abandoned meaning that the event is forsaken. On that basis pursuant to rule 1102(2) (a) (iii) we declare the race null and void.
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: ef0b9f0d1a85334f7724e8a5aeda6344
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/07/2012
hearing_title: Auckland TC 13 July 2012 - R 1 (request for a ruling)
charge:
facts:
Following the abandonment of race 1 an Information was by filed by Stipendiary Steward, Mr J Muirhead, requesting a ruling from the Judicial Committee (the ‘Committee’) as to whether or not race 1 is declared null and void. The information read as follows:
“Race one be declared null and void due to a fall on the first bend which resulted in serious injury to driver F Cooney who was left lying on the track”.
This hearing was held pursuant to Rules 211A, 1112 and 1102(2) (a) (iii). Rule 211A provides that:
(1) At any time during a race a Stipendiary Steward may stop and abandon the race when in the opinion of the Stipendiary Steward to allow the race to continue would place a horseman, horses or other persons safety at risk.
Rule 1112 enables a Stipendiary Steward to seek a ruling on any matter raised in information where there is no defendant.
Rule 1102(2) (a) (iii) enables a Judicial Committee to declare a race null and void and if it thinks expedient order that such race be run again.
Prior to the commencement of this hearing the remainder of the races were put back one hour by club officials.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by way of available video footage. He told the Committee that AWESOME DESIRE driven by Mr Cooney left the starting gate from barrier number 4. He said that shortly after the start AWESOME DESIRE, broke and stumbled. At the same time TINA BRYDON (S Abernethy) collided into the back of the sulky of AWESOME DESIRE. As a result Mr Cooney was dislodged from the sulky and crashed heavily onto the track. Without delay Mr Cooney was attended to by Ambulance Officers. Mr Muirhead said that for safety reasons he immediately stopped and abandoned the race.
Mr Muirhead advised the Committee that drivers were canvassed for their views on whether the race be run again. One option was that the race could be run after the final event. He said that although some drivers were in favour of this option, the majority were not.
Mr Muirhead said that the circumstances of the fall are the subject of ongoing enquiries.
reasonsfordecision:
The Committee considered whether or not it would be expedient to run the race again either immediately or after the final event which was raised as an option. Under the circumstances, in particular having regard to the time factor, we believe that it was neither practical nor desirable to run the race again. In our view the overall intent of rule 211A is that the race is effectively abandoned meaning that the event is forsaken. On that basis pursuant to rule 1102(2) (a) (iii) we declare the race null and void.
Decision:
Race 1 is declared null and void and all investments on the race are to be refunded.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 211A (Race Abandonment), 1112 (Rulings) and 1102(2)(a)(iii)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward
Respondent:
StipendSteward: Mr J Muirhead - Stipendiary Steward
raceid: c2ced6c343766be1277d99568ed4123e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0959770dd4f4edeabe9da63c6654e30a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/07/2012
meet_title: Auckland TC - 13 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC