Avondale JC 2 December 2015 – R 2 (request for a ruling) Chair, Mr A Dooley
ID: JCA10910
Code:
Thoroughbred
Meet Title:
Avondale JC - 2 December 2015
Meet Chair:
ADooley
Race Date:
2015/12/02
Race Number:
R2
Decision:
Accordingly, pursuant to Rule 632 the Committee exercised their discretion and declared HOT MOVE to be a non–starter.
Facts:
Following the running of Race 2, NZB Insurance Pearl Series Race 1100, Stipendiary Steward, Mr A Coles, lodged an Information requesting a ruling in relation to Rule 632 to establish whether HOT MOVE was denied a fair start due to mechanical failure of the gates.
Rule 632 provides “If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placing’s 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 Tiley the trainer of HOT MOVE was not present at the hearing.
Mr Coles advised the Committee that Mr Tiley had viewed the video films and was satisfied to let the Stewards lodge the Information.
Mr Oatham identified on the head on video film that when the inside 5 gates opened the outside 2 gates failed to open correctly. He said barrier 6 and 7 were slow to open which resulted in O’RACHAEL and HOT MOVE losing 3 to 4 lengths. He submitted that HOT MOVE should be declared a non - starter because it was denied a fair start owing to a mechanical failure of the starting stalls.
Mr Oatham submitted that as O’RACHAEL had finished in second placing no further action could be taken regarding that runner under the provisions of Rule 632.
Mr Sargent submitted the films were self–explanatory and conceded that both O’RACHAEL and HOT MOVE gates were slow to open.
Reasons for Decision:
The Committee carefully considered the submissions presented and reviewed the video footage. It was very clear that HOT MOVE's starting stall failed to open correctly. This resulted in HOT MOVE beginning awkwardly and veering out further hampering O’RACHAEL. The Committee was satisfied that this materially prejudiced the chances of HOT MOVE because he lost at least 3 lengths and settled at the rear of the field. No fault could be attributed to HOT MOVE being slow of its own accord. The submissions of all parties were compelling in that HOT MOVE lost significant ground at the start and was clearly denied a fair start.
The Committee notes that HOT MOVE finished in 5th place and accepts that Mr Oatham’s submission regarding O’RACHAEL was correct.
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: 16f07bb0bf6b56a7f3f977ee8d467040
informantnumber: A7858
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/12/2015
hearing_title: Avondale JC 2 December 2015 - R 2 (request for a ruling) Chair, Mr A Dooley
charge:
facts:
Following the running of Race 2, NZB Insurance Pearl Series Race 1100, Stipendiary Steward, Mr A Coles, lodged an Information requesting a ruling in relation to Rule 632 to establish whether HOT MOVE was denied a fair start due to mechanical failure of the gates.
Rule 632 provides “If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placing’s 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 Tiley the trainer of HOT MOVE was not present at the hearing.
Mr Coles advised the Committee that Mr Tiley had viewed the video films and was satisfied to let the Stewards lodge the Information.
Mr Oatham identified on the head on video film that when the inside 5 gates opened the outside 2 gates failed to open correctly. He said barrier 6 and 7 were slow to open which resulted in O’RACHAEL and HOT MOVE losing 3 to 4 lengths. He submitted that HOT MOVE should be declared a non - starter because it was denied a fair start owing to a mechanical failure of the starting stalls.
Mr Oatham submitted that as O’RACHAEL had finished in second placing no further action could be taken regarding that runner under the provisions of Rule 632.
Mr Sargent submitted the films were self–explanatory and conceded that both O’RACHAEL and HOT MOVE gates were slow to open.
reasonsfordecision:
The Committee carefully considered the submissions presented and reviewed the video footage. It was very clear that HOT MOVE's starting stall failed to open correctly. This resulted in HOT MOVE beginning awkwardly and veering out further hampering O’RACHAEL. The Committee was satisfied that this materially prejudiced the chances of HOT MOVE because he lost at least 3 lengths and settled at the rear of the field. No fault could be attributed to HOT MOVE being slow of its own accord. The submissions of all parties were compelling in that HOT MOVE lost significant ground at the start and was clearly denied a fair start.
The Committee notes that HOT MOVE finished in 5th place and accepts that Mr Oatham’s submission regarding O’RACHAEL was correct.
Decision:
Accordingly, pursuant to Rule 632 the Committee exercised their discretion and declared HOT MOVE to be a non–starter.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 632
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B Sargent - Starter
Respondent:
StipendSteward: Mr A Coles - Stipendiary Steward, Mr J Oatham - Senior Stipendiary Steward
raceid: a50683e595d0b38a6b1f7eb299bb9ed7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5a184e13cad4f92a8119d1d948d7f0c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2015
meet_title: Avondale JC - 2 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Avondale JC