Archive Decision

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Timaru HRC – 16 March 2010 – Race 7

ID: JCA20974

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Timaru HRC - 16 March 2010

Race Date:
2010/03/16

Race Number:
Race 7

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 40244

--

Meeting: Timaru Harness Racing Club Date: 16 March 2010

--

Venue: Addington Raceway, Christchurch Race No: 7

--

Rule(s): 213 (1) (j)

--

Judicial Committee:

--

Chairman:  R G McKenzie,  Panel Member:  J Miller

--

Plea: N/A

--

Appearing:

--

  Informant: N M Ydgren, Stipendiary Steward

--

  Defendant: N/A

--

DECISION AND REASONS:

--

Following the running of Race 7, Equine Veterinary Services Pace, an information requesting a ruling was filed by Stipendiary Steward, Mr N M Ydgren, seeking a ruling on the following matter:
“Mr Court was sent to the outside of the front row for causing a false start when it should not have been and therefore started from a less advantageous barrier position”.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 40244

--

Meeting: Timaru Harness Racing Club Date: 16 March 2010

--

Venue: Addington Raceway, Christchurch Race No: 7

--

Rule(s): 213 (1) (j)

--

Judicial Committee:

--

Chairman:  R G McKenzie,  Panel Member:  J Miller

--

Plea: N/A

--

Appearing:

--

  Informant: N M Ydgren, Stipendiary Steward

--

  Defendant: N/A

--

DECISION AND REASONS:

--

Following the running of Race 7, Equine Veterinary Services Pace, an information requesting a ruling was filed by Stipendiary Steward, Mr N M Ydgren, seeking a ruling on the following matter:
“Mr Court was sent to the outside of the front row for causing a false start when it should not have been and therefore started from a less advantageous barrier position”.

--

Mr P T Court had driven WINSOME FALCON in the Race. The horse was placed 4th by the judge. Mr Court was present at the hearing of the information, as was Mr P R Lamb, the starter.

--

Rule 213 provides as follows:
(1) A Stipendiary Steward at any time may scratch from a race . . 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 Ydgren said that at the start of Race 7 there had been a false start. Mr Lamb called through to the Stewards that WINSOME FALCON had set the barrier strand off and due to its poor manners it was being sent to the unruly position. Mr Ydgren showed a video reply of the incident at the start of the 2600 metres standing start event which clearly confirmed that the barrier strand had not been set off by WISOME FALCON but by the horse on the outside of WINSOME FALCON, that had drawn barrier 4, PATH OF A NATIVE. WINSOME FALCON had drawn at barrier 3. It was a genuine mistake by Mr Lamb, Mr Ydgren said.

--

Mr Court’s horse was then sent to the unruly position to start the Race when he should properly have started from barrier 3. Mr Court had informed the Stewards that he believed that the horse’s chances had been affected thereby. 

--

Mr Court said that the trainer of the horse would not wish it be a late scratching because the 4th placing in its formline would assist it in gaining starts in the future.

--

The Committee noted that there was no 4th stake money payable for the Race and it was not a First 4 race. The only persons directly affected were those among the betting public who had invested on the horse on the understanding that it would be starting from barrier position 3, and not the unruly position.

--

Mr Lamb said that he had made a genuine error but he suggested that the horse was not necessarily disadvantaged by being sent to the unruly position because of the small field, with all runners starting from the front row.

--

It is difficult to gauge the extent to which the horse had been disadvantaged by being sent to start from the unruly barrier position instead of its rightful barrier position, 3. The Stipendiary Stewards have asked the Committee to rule on how they should properly exercise the power given to them by the Rule to scratch the horse. The Rule giving them the power to scratch requires that it be established, firstly, that the horse was denied a fair start and, secondly, that its chances were materially affected thereby.  The Committee has looked at those requirements and is satisfied that they have been met in this instance. As a general principle, the better the barrier draw, the better the horse’s prospects. The unruly position is generally regarded as unfavourable, except for horses that have starting issues. A fair start for WINSOME FALCON would have involved it starting from its handy barrier position of 3, from where it should properly have started, instead of from the unruly position. It is reasonable to infer that, by being wrongfully deprived of that opportunity, its chances were prejudiced to a material extent. Those members of the betting public who had invested on the horse, had done so in good faith and, no doubt, the horse’s handy barrier draw was a factor in the decision to invest on the horse.

--

Accordingly, the Committee ruled that the Stipendiary Stewards should exercise the power given to them by the Rule to scratch WINSOME FALCON from the Race.  

--


R  G McKenzie              J Miller
CHAIR                           Committee Member
40244

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: 88035c9bf9e306971557ceb73a4f5209


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 16/03/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Timaru HRC - 16 March 2010 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 40244

--

Meeting: Timaru Harness Racing Club Date: 16 March 2010

--

Venue: Addington Raceway, Christchurch Race No: 7

--

Rule(s): 213 (1) (j)

--

Judicial Committee:

--

Chairman:  R G McKenzie,  Panel Member:  J Miller

--

Plea: N/A

--

Appearing:

--

  Informant: N M Ydgren, Stipendiary Steward

--

  Defendant: N/A

--

DECISION AND REASONS:

--

Following the running of Race 7, Equine Veterinary Services Pace, an information requesting a ruling was filed by Stipendiary Steward, Mr N M Ydgren, seeking a ruling on the following matter:
“Mr Court was sent to the outside of the front row for causing a false start when it should not have been and therefore started from a less advantageous barrier position”.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 40244

--

Meeting: Timaru Harness Racing Club Date: 16 March 2010

--

Venue: Addington Raceway, Christchurch Race No: 7

--

Rule(s): 213 (1) (j)

--

Judicial Committee:

--

Chairman:  R G McKenzie,  Panel Member:  J Miller

--

Plea: N/A

--

Appearing:

--

  Informant: N M Ydgren, Stipendiary Steward

--

  Defendant: N/A

--

DECISION AND REASONS:

--

Following the running of Race 7, Equine Veterinary Services Pace, an information requesting a ruling was filed by Stipendiary Steward, Mr N M Ydgren, seeking a ruling on the following matter:
“Mr Court was sent to the outside of the front row for causing a false start when it should not have been and therefore started from a less advantageous barrier position”.

--

Mr P T Court had driven WINSOME FALCON in the Race. The horse was placed 4th by the judge. Mr Court was present at the hearing of the information, as was Mr P R Lamb, the starter.

--

Rule 213 provides as follows:
(1) A Stipendiary Steward at any time may scratch from a race . . 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 Ydgren said that at the start of Race 7 there had been a false start. Mr Lamb called through to the Stewards that WINSOME FALCON had set the barrier strand off and due to its poor manners it was being sent to the unruly position. Mr Ydgren showed a video reply of the incident at the start of the 2600 metres standing start event which clearly confirmed that the barrier strand had not been set off by WISOME FALCON but by the horse on the outside of WINSOME FALCON, that had drawn barrier 4, PATH OF A NATIVE. WINSOME FALCON had drawn at barrier 3. It was a genuine mistake by Mr Lamb, Mr Ydgren said.

--

Mr Court’s horse was then sent to the unruly position to start the Race when he should properly have started from barrier 3. Mr Court had informed the Stewards that he believed that the horse’s chances had been affected thereby. 

--

Mr Court said that the trainer of the horse would not wish it be a late scratching because the 4th placing in its formline would assist it in gaining starts in the future.

--

The Committee noted that there was no 4th stake money payable for the Race and it was not a First 4 race. The only persons directly affected were those among the betting public who had invested on the horse on the understanding that it would be starting from barrier position 3, and not the unruly position.

--

Mr Lamb said that he had made a genuine error but he suggested that the horse was not necessarily disadvantaged by being sent to the unruly position because of the small field, with all runners starting from the front row.

--

It is difficult to gauge the extent to which the horse had been disadvantaged by being sent to start from the unruly barrier position instead of its rightful barrier position, 3. The Stipendiary Stewards have asked the Committee to rule on how they should properly exercise the power given to them by the Rule to scratch the horse. The Rule giving them the power to scratch requires that it be established, firstly, that the horse was denied a fair start and, secondly, that its chances were materially affected thereby.  The Committee has looked at those requirements and is satisfied that they have been met in this instance. As a general principle, the better the barrier draw, the better the horse’s prospects. The unruly position is generally regarded as unfavourable, except for horses that have starting issues. A fair start for WINSOME FALCON would have involved it starting from its handy barrier position of 3, from where it should properly have started, instead of from the unruly position. It is reasonable to infer that, by being wrongfully deprived of that opportunity, its chances were prejudiced to a material extent. Those members of the betting public who had invested on the horse, had done so in good faith and, no doubt, the horse’s handy barrier draw was a factor in the decision to invest on the horse.

--

Accordingly, the Committee ruled that the Stipendiary Stewards should exercise the power given to them by the Rule to scratch WINSOME FALCON from the Race.  

--


R  G McKenzie              J Miller
CHAIR                           Committee Member
40244


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reasonsforpenalty:


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meetdate: 16/03/2010


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