Ashburton RC 16 March 2012 – R 8 (request for a ruling)
ID: JCA14127
Code:
Thoroughbred
Meet Title:
Ashburton RC - 16 March 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
GHall
Race Date:
2012/03/16
Race Number:
R 8
Decision:
On resuming the hearing we advised the parties of our decision that “Our Mona Lisa” and “Livana” Patrice” were declared to be non-starters.
Facts:
Following the running of Race 8, the Vetent Riverside Rating 75, an information requesting a ruling was filed by Stipendiary Steward Mr J. M. McLaughlin as to whether “Our Mona Lisa” (6) and “Livana” (12) should be declared non-starters.
The information reads as follows:
“I the above named informant seek a ruling in relation to Rule 632 from the Judicial Committee as to whether Our Mona Lisa and Livana should be declared non-runners.”
Rule 632 reads as follows:
“(1) 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 prejudiced the chances of that horse (but not where the horse is slow away of its own accord), the Judicial Committee may declare such horse to be a non-starter.”
Submissions for Decision:
Mr McLaughlin gave evidence and used video coverage to show that gates 4 and 6 of the starting stalls were slow to open in this race. It was shown that the two horses affected had drawn gates 4 and 6, but had been slow away and at the rear of the field thereafter.
Mrs Allpress, the rider of “Our Mona Lisa” (6), said that she had been instructed by the trainer to lead or take up a handy position in this race, but that, due to the gate being slow to open she had lost this opportunity, and ended up at the tail of the field.
Mr Misbah, the rider of “Livana” (12), gave similar evidence.
The race starter, Ms S. Payne, gave evidence that she had not been aware that these gates had been slow to open until after the race.
We adjourned to consider our decision.
Reasons for Decision:
After reviewing the evidence we were satisfied that “Our Mona Lisa” and “Livana” had been denied a fair start because their respective gates had been slow to open, and that such occurrence had materially prejudiced their chances.
We decided that we would rule that both horses be declared non-starters.
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: 9b014f9d1538de65d0cf1818490c2b29
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/03/2012
hearing_title: Ashburton RC 16 March 2012 - R 8 (request for a ruling)
charge:
facts:
Following the running of Race 8, the Vetent Riverside Rating 75, an information requesting a ruling was filed by Stipendiary Steward Mr J. M. McLaughlin as to whether “Our Mona Lisa” (6) and “Livana” (12) should be declared non-starters.
The information reads as follows:
“I the above named informant seek a ruling in relation to Rule 632 from the Judicial Committee as to whether Our Mona Lisa and Livana should be declared non-runners.”
Rule 632 reads as follows:
“(1) 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 prejudiced the chances of that horse (but not where the horse is slow away of its own accord), the Judicial Committee may declare such horse to be a non-starter.”
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin gave evidence and used video coverage to show that gates 4 and 6 of the starting stalls were slow to open in this race. It was shown that the two horses affected had drawn gates 4 and 6, but had been slow away and at the rear of the field thereafter.
Mrs Allpress, the rider of “Our Mona Lisa” (6), said that she had been instructed by the trainer to lead or take up a handy position in this race, but that, due to the gate being slow to open she had lost this opportunity, and ended up at the tail of the field.
Mr Misbah, the rider of “Livana” (12), gave similar evidence.
The race starter, Ms S. Payne, gave evidence that she had not been aware that these gates had been slow to open until after the race.
We adjourned to consider our decision.
reasonsfordecision:
After reviewing the evidence we were satisfied that “Our Mona Lisa” and “Livana” had been denied a fair start because their respective gates had been slow to open, and that such occurrence had materially prejudiced their chances.
We decided that we would rule that both horses be declared non-starters.
Decision:
On resuming the hearing we advised the parties of our decision that “Our Mona Lisa” and “Livana” Patrice” were declared to be non-starters.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 918 and 632
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mrs L J Allpress - Licensed Jockey, Mr M H Misbah - Licensed Jockey, Ms S Payne - Starter
Respondent:
StipendSteward: Mr J M McLaughlin - Stipendiary Steward
raceid: 6435c3e8d1833f6f9e0cb278224a0ed2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bdbe21809e40405d4099808828d15b58
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2012
meet_title: Ashburton RC - 16 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: JPhelan
meet_pm1: GHall
meet_pm2: none
name: Ashburton RC