Archive Decision

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Banks Peninsula TC 21 March 2021 – R 3 (request for ruling) – Chair, Mr R McKenzie (Requesting a Ruling)

ID: JCA17985

Stipend Steward:
Mr SP Renault - Stipendiary Steward

Information Number:
A13657

Hearing Type:
Request Ruling

Rules:
211(1)& 213(1)

Meet Title:
Banks Peninsula TC - 21 March 2021

Meet Chair:
RMcKenzie

Race Date:
2021/03/21

Race Number:
R3

Decision:

The Committee ruled that the Stewards decision to scratch JOHNNY NEVITS from the race, in accordance with the veterinary advice given to the Stewards, be upheld.

Facts:

Prior to the running of Race 3, Probuild Rolleston ITM Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, requesting a ruling “to determine whether JOHNNY NEVITS should be scratched on veterinary advice”.

Mr CT Jones, Trainer of JOHNNY NEVITS, was present at the hearing of the Information.

Rule 213 provides as follows:
(1) A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:
(a) That the horse is not in a fit condition or state to race . . .

Rule 211 provides as follows:
(1) During a race meeting a Stipendiary Steward shall, in addition to all conferred on him by these Rules, have power:
(e) to request the Judicial Committee to determine any dispute concerning the exercise or proposed exercise by him of any of his powers,  duties or functions under these Rules.

Submissions for Decision:

Mr Renault said that Stewards had asked the raceday veterinarian, Dr D L Williamson, to examine JOHNNY NEVITS prior to the start of the race meeting. Several persons had approached Stewards in relation to the horse’s wellbeing. Stewards had been told that the horse had a bowed tendon, he said.

Mr Renault said that the horse had arrived at the track with bandages on its front legs. Dr Williamson had the bandages removed and examined the horse. She reported back to the Stewards who indicated to Mr Jones their intention to scratch JOHNNY NEVITS. Mr Jones disputed the Stewards’ decision and requested that the matter be put before the Judicial Committee, Mr Renault said.

Dr Williamson told the hearing that on the off-front leg of the horse, two-thirds of the way down the tendon, there was a “palpable thickening” on palpitation. The horse raised its leg on the tendon being squeezed. The horse did not react when this was done to its other leg. The horse was “trotted up” and appeared sound, but it was painful on palpitation.

Dr Williamson said that her reason for recommending that the horse be scratched was the risk of further damaging that tendon. It was an animal welfare issue, she said, and a matter of ensuring the horse’s future, and the unevenness of the grass track made it more of a risk for it to race. The lesion was isolated and relatively small and could be healed given time, she said. It was all about the risk to the horse and, possibly, to the driver and other runners, she said. She conceded that she was not privy to the horse’s injury history.

Mr Jones said that the horse has had “a funny tendon” since it has been at his stable. His vet, Mike Brown, had scanned the leg twice after a recent trial and the leg has not changed, he said. The horse had trotted up 100 per cent sound and has never taken a lame step, he maintained. It has been sore this week, he said, but it was always going to be.

Mr Renault said that Dr Williamson was an independent expert. She had examined the horse and reported back that it was sore, prompting Stewards to scratch the horse from the race, he said.

Reasons for Decision:

The Committee accepted that Mr Jones held a genuine belief that the horse was sound but, against that, Dr Williamson, an experienced and respected equine veterinarian, was unshaken in her view that that the horse was suffering from a tendon injury, and unfit to start. She stressed the risk to the horse, its driver and other participants in the race should JOHNNY NEVITS be permitted to run.

The Committee found the evidence of Dr Williamson to be compelling.

There were three principal aspects to consider. First and foremost, and most importantly, is the matter of animal welfare and it was clear to the Committee that to allow the gelding to race would likely not have been in its best interests as, accepting the evidence of Dr Williamson, it would most likely be racing with a painful condition. Secondly, the risk to other horses and drivers should the horse break down during the running. Thirdly, but to a lesser degree, there is the interests of the betting public. The Committee understands that JOHNNY NEVITS had been the favourite for the race when betting opened, so it follows that its support had been based on its being sound and in a fit condition to race.

Finally, the Committee noted the provisions of the Animal Welfare Act, endorsed by Harness Racing New Zealand in its Animal Welfare Policy. The purpose of the Act is to ensure that owners of horses and persons in charge of horses attend properly to those horses. It is an important function of this Committee to ensure that a high standard is upheld.

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: df2157681c783ac8973bfe5da6414e2c


informantnumber: A13657


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 23/03/2021


hearing_title: Banks Peninsula TC 21 March 2021 - R 3 (request for ruling) - Chair, Mr R McKenzie (Requesting a Ruling)


charge:


facts:

Prior to the running of Race 3, Probuild Rolleston ITM Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, requesting a ruling “to determine whether JOHNNY NEVITS should be scratched on veterinary advice”.

Mr CT Jones, Trainer of JOHNNY NEVITS, was present at the hearing of the Information.

Rule 213 provides as follows:
(1) A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:
(a) That the horse is not in a fit condition or state to race . . .

Rule 211 provides as follows:
(1) During a race meeting a Stipendiary Steward shall, in addition to all conferred on him by these Rules, have power:
(e) to request the Judicial Committee to determine any dispute concerning the exercise or proposed exercise by him of any of his powers,  duties or functions under these Rules.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault said that Stewards had asked the raceday veterinarian, Dr D L Williamson, to examine JOHNNY NEVITS prior to the start of the race meeting. Several persons had approached Stewards in relation to the horse’s wellbeing. Stewards had been told that the horse had a bowed tendon, he said.

Mr Renault said that the horse had arrived at the track with bandages on its front legs. Dr Williamson had the bandages removed and examined the horse. She reported back to the Stewards who indicated to Mr Jones their intention to scratch JOHNNY NEVITS. Mr Jones disputed the Stewards’ decision and requested that the matter be put before the Judicial Committee, Mr Renault said.

Dr Williamson told the hearing that on the off-front leg of the horse, two-thirds of the way down the tendon, there was a “palpable thickening” on palpitation. The horse raised its leg on the tendon being squeezed. The horse did not react when this was done to its other leg. The horse was “trotted up” and appeared sound, but it was painful on palpitation.

Dr Williamson said that her reason for recommending that the horse be scratched was the risk of further damaging that tendon. It was an animal welfare issue, she said, and a matter of ensuring the horse’s future, and the unevenness of the grass track made it more of a risk for it to race. The lesion was isolated and relatively small and could be healed given time, she said. It was all about the risk to the horse and, possibly, to the driver and other runners, she said. She conceded that she was not privy to the horse’s injury history.

Mr Jones said that the horse has had “a funny tendon” since it has been at his stable. His vet, Mike Brown, had scanned the leg twice after a recent trial and the leg has not changed, he said. The horse had trotted up 100 per cent sound and has never taken a lame step, he maintained. It has been sore this week, he said, but it was always going to be.

Mr Renault said that Dr Williamson was an independent expert. She had examined the horse and reported back that it was sore, prompting Stewards to scratch the horse from the race, he said.


reasonsfordecision:

The Committee accepted that Mr Jones held a genuine belief that the horse was sound but, against that, Dr Williamson, an experienced and respected equine veterinarian, was unshaken in her view that that the horse was suffering from a tendon injury, and unfit to start. She stressed the risk to the horse, its driver and other participants in the race should JOHNNY NEVITS be permitted to run.

The Committee found the evidence of Dr Williamson to be compelling.

There were three principal aspects to consider. First and foremost, and most importantly, is the matter of animal welfare and it was clear to the Committee that to allow the gelding to race would likely not have been in its best interests as, accepting the evidence of Dr Williamson, it would most likely be racing with a painful condition. Secondly, the risk to other horses and drivers should the horse break down during the running. Thirdly, but to a lesser degree, there is the interests of the betting public. The Committee understands that JOHNNY NEVITS had been the favourite for the race when betting opened, so it follows that its support had been based on its being sound and in a fit condition to race.

Finally, the Committee noted the provisions of the Animal Welfare Act, endorsed by Harness Racing New Zealand in its Animal Welfare Policy. The purpose of the Act is to ensure that owners of horses and persons in charge of horses attend properly to those horses. It is an important function of this Committee to ensure that a high standard is upheld.


Decision:

The Committee ruled that the Stewards decision to scratch JOHNNY NEVITS from the race, in accordance with the veterinary advice given to the Stewards, be upheld.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: 211(1)& 213(1)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Mr CT Jones - Licensed Public Trainer, Dr DL Williamson - Veterinary Surgeon


Respondent:


StipendSteward: Mr SP Renault - Stipendiary Steward


raceid: 32cdabd53f19f49a500da6d417f95365


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c7b2f09d03861c79f29b6b3288d9a65a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/03/2021


meet_title: Banks Peninsula TC - 21 March 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: Banks Peninsula TC