Archive Decision

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Counties RC 22 November 2014 – R 6 (request for a ruling)

ID: JCA17422

Stipend Steward:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A6587

Hearing Type:
Request Ruling

Rules:
632

Code:
Thoroughbred

Meet Title:
Counties RC - 22 November 2014

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2014/11/22

Race Number:
R6

Decision:

Accordingly, pursuant to Rule 632 the Committee declared PUSSY O’REILLY to be a non – starter.

Facts:

Following the running of Race 6, NRM Auckland Thoroughbred Breeders Stakes Group 2, Senior Stipendiary Steward, Mr J Oatham, lodged an Information requesting a ruling in relation to Rule 632 to establish whether the barrier of PUSSY O’REILLY was slow to open and to determine whether the horse has been denied a fair start.

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.”

The Rule was read aloud and all parties present acknowledged they understood it.

Submissions for Decision:

Mr Oatham advised the Committee that PUSSY O’REILLY finished in 4th place. He demonstrated frame by frame on the available video footage that PUSSY O’REILLY’S starting stall was basically closed when all the others had opened. He said this incident affected PUSSY O’REILLY as she jumped out sideways at the start and lost 2 to 3 lengths. Mr Oatham submitted PUSSY O’REILLY was denied a fair start due to a mechanical failure of the starting stalls.

Mr Kelso submitted the video footage on the incident was self –explanatory. He said the Committee could clearly see PUSSY O’REILLY’S starting stall was slow to open. He added PUSSY O’REILLY was impeded when jumping out of the stalls and was of the view that the incident cost her 3 lengths. He further advised the Committee that the instructions to Mr Bosson was to position PUSSY O’REILLY up in 5th or 6th place in the running. This was unable to be attained due to starting stall being slow to open.

Mr Bosson confirmed that the plan was to ride PUSSY O’REILLY in 5th or 6th position. He said the video footage was clear and his mount lost 3 lengths at the start due to the starting stalls being slow to open.

Mr Harrison, Official Starter, submitted the video footage was self-explanatory and believed the incident cost PUSSY O’REILLY 2 to 3 lengths.

Mr Walker submitted the Rule appeared to be designed solely for the punter and not the owners. He raised concerns regarding the 4th prize money and the fact PUSSY O’REILLY was denied black type for her pedigree page.

Sir P Hogan agreed with Mr Walker’s submissions and emphasised the incident was no fault of PUSSY O’REILLY. He added the starting stalls was the issue that needed urgent action.

Reasons for Decision:

The Committee carefully considered the submissions presented and viewed the video footage. It was very clear on the video footage that PUSSY O’REILLY’S starting stall was slow to open due to a mechanical failure. We accept no fault could be attributed to PUSSY O’REILLY being slow of its own accord. We are satisfied that this materially prejudiced the chances of PUSSY O’REILLY as she jumped away awkwardly and settled at the rear of the field after losing at least 3 lengths at the start. The submissions of all parties was compelling in that PUSSY O’REILLY lost approximately 3 lengths at the start. We note PUSSY O’REILLY made up ground well in the straight to be placed 4th by the Judge.

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: e1d8ed03f122af0f2d84980edc27d3b4


informantnumber: A6587


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/11/2014


hearing_title: Counties RC 22 November 2014 - R 6 (request for a ruling)


charge:


facts:

Following the running of Race 6, NRM Auckland Thoroughbred Breeders Stakes Group 2, Senior Stipendiary Steward, Mr J Oatham, lodged an Information requesting a ruling in relation to Rule 632 to establish whether the barrier of PUSSY O’REILLY was slow to open and to determine whether the horse has been denied a fair start.

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.”

The Rule was read aloud and all parties present acknowledged they understood it.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham advised the Committee that PUSSY O’REILLY finished in 4th place. He demonstrated frame by frame on the available video footage that PUSSY O’REILLY’S starting stall was basically closed when all the others had opened. He said this incident affected PUSSY O’REILLY as she jumped out sideways at the start and lost 2 to 3 lengths. Mr Oatham submitted PUSSY O’REILLY was denied a fair start due to a mechanical failure of the starting stalls.

Mr Kelso submitted the video footage on the incident was self –explanatory. He said the Committee could clearly see PUSSY O’REILLY’S starting stall was slow to open. He added PUSSY O’REILLY was impeded when jumping out of the stalls and was of the view that the incident cost her 3 lengths. He further advised the Committee that the instructions to Mr Bosson was to position PUSSY O’REILLY up in 5th or 6th place in the running. This was unable to be attained due to starting stall being slow to open.

Mr Bosson confirmed that the plan was to ride PUSSY O’REILLY in 5th or 6th position. He said the video footage was clear and his mount lost 3 lengths at the start due to the starting stalls being slow to open.

Mr Harrison, Official Starter, submitted the video footage was self-explanatory and believed the incident cost PUSSY O’REILLY 2 to 3 lengths.

Mr Walker submitted the Rule appeared to be designed solely for the punter and not the owners. He raised concerns regarding the 4th prize money and the fact PUSSY O’REILLY was denied black type for her pedigree page.

Sir P Hogan agreed with Mr Walker’s submissions and emphasised the incident was no fault of PUSSY O’REILLY. He added the starting stalls was the issue that needed urgent action.


reasonsfordecision:

The Committee carefully considered the submissions presented and viewed the video footage. It was very clear on the video footage that PUSSY O’REILLY’S starting stall was slow to open due to a mechanical failure. We accept no fault could be attributed to PUSSY O’REILLY being slow of its own accord. We are satisfied that this materially prejudiced the chances of PUSSY O’REILLY as she jumped away awkwardly and settled at the rear of the field after losing at least 3 lengths at the start. The submissions of all parties was compelling in that PUSSY O’REILLY lost approximately 3 lengths at the start. We note PUSSY O’REILLY made up ground well in the straight to be placed 4th by the Judge.


Decision:

Accordingly, pursuant to Rule 632 the Committee declared PUSSY O’REILLY to be a non – starter.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: 632


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Sir P Hogan - Owner of PUSSY O'REILLY, Mr P Walker - owner of PUSSY O'REILLY, Mr K Kelso - Co Trainer of PUSSY O'REILLY, Mr T Harrison - Official Starter, Mr O Bosson - Rider of PUSSY O'REILLY


Respondent:


StipendSteward: Mr J Oatham - Senior Stipendiary Steward


raceid: c4c01013ed459fc9f10a5f8eb6fb2e6f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a0f52da8d74e6ba013b700a080e5b1a8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/11/2014


meet_title: Counties RC - 22 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Counties RC