Canterbury JC 24 April 2010 – R 3

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startdate: 24/04/2010

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hearing_title: Canterbury JC 24 April 2010 - R 3

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr R Neal

Defendant:  N/A

Information No:  41555 (request for a ruling)

Meeting:  Canterbury Jockey Club

Date:  24^th April 2010

Venue:  Riccarton

Race:  3

Rule No:  632

Judicial Committee:  KG Hales, Chairman - RG McKenzie, Committee Member

Plea:  N/A

Also Present:  Mrs S Payne (Starter),

Mr T Mills, Chief Executive Officer, Canterbury Jockey Club

FACTS:

At the result of an occurrence at the start of Race 3, Stipendiary Steward Mr R Neal requested a ruling “regarding whether “Double Ar” received a fair start.”

Rule 632 reads as follows:

“If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings, was prevented from taking an effective part in a race owing to the mechanical failure of starting stalls, or is denied a fair start, and such occurrence materially prejudices the chances of that horse (but not where the horse is slow away by its own accord), the Judicial Committee may declare such horse to be a non-starter.”

The “occurrence” which led to the request was a result of the Starter’s Assistant not being clear of the starting gates at the time the field was released.

Mr J McLaughlin, Stipendiary Steward, showed the incident on video, both from the head on and side on views.

A Starter’s Assistant, who was assisting with a horse drawn in the Number 4 position, had moved across the front of the starting stalls but was not clear of the Barrier 1 position at the time the gates were released. 

“Double Ar” (LM Robinson) drawn Barrier 1, jumped on release from the stalls but immediately encountered the Starter’s Assistant.  The horse’s legs came into contact with the Assistant who was rolled over several times by the impact. 

Mr Robinson gave evidence.  He said that his mount hesitated and jumped inwards for a stride.  He said that the horse is normally a good starter and he felt that as a result of the occurrence that he lost between one and two lengths.  He said that he wanted to be “on the pace” and that he had to “dig his horse” to get it to the position he wanted it to be. 

Mr Neal told the hearing that “Double Ar” was well supported in the betting. 

Mrs Payne, the Starter, was asked if she wanted to comment.  Her response was that she had nothing to say, and did not know how it happened.

Mr Mills, Chief Executive Officer, Canterbury Jockey Club, was also invited to comment on the occurrence in terms of any possible impact on the Club.  His response was that if the horse was declared a non-starter, then bets would have to be refunded, and that was the extent that the Club would be affected.

SUBMISSION:

Mr Neal submitted that he was of the view that “Double Ar” did not receive a fair start, and should be declared a non-starter.

REASON(S):

The relevant part of Rule 632 which we have considered carefully, is whether “Double Ar” was denied a fair start and such occurrence materially prejudiced the chances of that horse. 

Mr Robinson’s evidence satisfied us that his mount was denied a fair start, and that his chances were materially prejudiced.  His horse jumped inwards, and came into contact with the Starter’s Assistant.

The effect of his evidence was that as a result of this occurrence, that his mount did not jump on equal terms with the rest of the field.  An obstacle was placed in his path at the moment of start, which was unforeseen and which, as a consequence, denied him a fair start. 

It is difficult to assess the degree to which his chances were materially prejudiced, but taking a robust overview of all of the evidence, we are satisfied that his horse’s chances were materially prejudiced, in terms of the Rule.

For the avoidance of doubt, we are satisfied that “Double Ar” was not slow away by its own accord.

DECISION:

Our ruling, therefore, was that “Double Ar” was declared a non-starter.

K Hales                        R McKenzie

CHAIR                         Committee Member

41555

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hearing_type: Old Hearing

Rules: 632

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