Auckland TC 15 March 2013 – R8 (request for ruling)
ID: JCA16583
Meet Title:
Auckland TC - 15 March 2013
Meet Chair:
GJones
Meet Committee Member 1:
JHolloway
Race Date:
2013/03/15
Race Number:
R8
Decision:
For reasons outlined above ZIMPLE did not receive a fair start. In accordance with Rule 213 (1) (j) Zimple is declared a scratching and we order payment of amended dividends.
Facts:
Following the running of Race 8, an information requesting a ruling was filed before the Judicial Committee (the 'Committee') by Stipendiary Steward Mr N Ydgren, seeking a ruling as to whether horse number 10, ZIMPLE, driven by Mrs L Neal was denied a fair start.
Mr Ydgren advised the Committee that he specifically sought a determination pursuant to Rule 213 (1) (j) which enables Stipendiary Stewards to scratch a horse if it was denied a fair start and such an occurrence materially prejudiced the chances of that horse. After some preliminary discussions concerning jurisdiction and the scope and effect of Rule 213 (1) (j) the Committee permitted Mr Ydgren to file the information pursuant to Rule 1112(1)(a).
Submissions for Decision:
Mr Ydgren demonstrated the start of the race via available video footage. He also described in general terms the various rules relating to the start of a race and in particular the requirements to establish a false start.
Mrs Neal made submissions in her capacity as the owner, trainer and driver of ZIMPLE. She submitted that ZIMPLE, who started off the 30 metre mark was just moving up to the start line and became a little fractious during which time the boring pole becoming trapped under the sulky shaft and in order to free itself ZIMPLE reared. Mrs Neal said that this occurred immediately prior to the start of the race and ZIMPLE was unable to move forward because the boring pole had become stuck.
Mr Ydgren submitted that the cause of ZIMPLE not being able to take part in the start was directly related to a gear problem. He said that the problem with the gear arose because of the horse's manners and it was free of third party interference.
Mr Ydgren further submitted that he had spoken to the starter who advised him that he was unaware of any problems with ZIMPLE and that he could not add anything further.
In summing up Mrs Neal and Mr Ydgren both agreed and emphasised that they had no issue with the starter or the manner in which he conducted the start of the race. They also agreed that the timing of the incident in terms of the timing of the start was the critical factor that needed to be determined in relation to whether or not ZIMPLE received a fair start.
Reasons for Decision:
The Committee viewed and assessed the video footage several times and the submissions of Mrs Neal and Mr Ydgren. We paid particular attention to the timing aspect and found that ZIMPLE did become fractious prior to the start and it was most likely that the boring pole did become caught under the sulky shaft at this time. The effect of this is that when the field started ZIMPLE was unable to move forward and was therefore disadvantaged. On balance we find that this incident did result in ZIMPLE's chances of starting the race on equal terms were materially prejudiced.
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: c8940929e9d157c6b38e39f094b5bf50
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Auckland TC 15 March 2013 - R8 (request for ruling)
charge:
facts:
Following the running of Race 8, an information requesting a ruling was filed before the Judicial Committee (the 'Committee') by Stipendiary Steward Mr N Ydgren, seeking a ruling as to whether horse number 10, ZIMPLE, driven by Mrs L Neal was denied a fair start.
Mr Ydgren advised the Committee that he specifically sought a determination pursuant to Rule 213 (1) (j) which enables Stipendiary Stewards to scratch a horse if it was denied a fair start and such an occurrence materially prejudiced the chances of that horse. After some preliminary discussions concerning jurisdiction and the scope and effect of Rule 213 (1) (j) the Committee permitted Mr Ydgren to file the information pursuant to Rule 1112(1)(a).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren demonstrated the start of the race via available video footage. He also described in general terms the various rules relating to the start of a race and in particular the requirements to establish a false start.
Mrs Neal made submissions in her capacity as the owner, trainer and driver of ZIMPLE. She submitted that ZIMPLE, who started off the 30 metre mark was just moving up to the start line and became a little fractious during which time the boring pole becoming trapped under the sulky shaft and in order to free itself ZIMPLE reared. Mrs Neal said that this occurred immediately prior to the start of the race and ZIMPLE was unable to move forward because the boring pole had become stuck.
Mr Ydgren submitted that the cause of ZIMPLE not being able to take part in the start was directly related to a gear problem. He said that the problem with the gear arose because of the horse's manners and it was free of third party interference.
Mr Ydgren further submitted that he had spoken to the starter who advised him that he was unaware of any problems with ZIMPLE and that he could not add anything further.
In summing up Mrs Neal and Mr Ydgren both agreed and emphasised that they had no issue with the starter or the manner in which he conducted the start of the race. They also agreed that the timing of the incident in terms of the timing of the start was the critical factor that needed to be determined in relation to whether or not ZIMPLE received a fair start.
reasonsfordecision:
The Committee viewed and assessed the video footage several times and the submissions of Mrs Neal and Mr Ydgren. We paid particular attention to the timing aspect and found that ZIMPLE did become fractious prior to the start and it was most likely that the boring pole did become caught under the sulky shaft at this time. The effect of this is that when the field started ZIMPLE was unable to move forward and was therefore disadvantaged. On balance we find that this incident did result in ZIMPLE's chances of starting the race on equal terms were materially prejudiced.
Decision:
For reasons outlined above ZIMPLE did not receive a fair start. In accordance with Rule 213 (1) (j) Zimple is declared a scratching and we order payment of amended dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j), 1112(1)(a) and 1112(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mrs L Neal - Owner Trainer and Open Horsewoman
Respondent:
StipendSteward: Nr N Ydgren
raceid: 3a7b895fdcf74158165a259fbed58d6f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 22e9dfe9f4e34c23da464b4efff07baa
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/03/2013
meet_title: Auckland TC - 15 March 2013
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "301", "Total": "186.62", "kmprice": 186.62, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: JHolloway
meet_pm2: none
name: Auckland TC