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Forbury Park TC 5 May 2011 – R7 (Request for a Ruling)

ID: JCA15635

Stipend Steward:
Mr N Ydgren - Stipendiary Steward

Hearing Type:
Request Ruling

Rules:
213(1)(j)

Meet Title:
Forbury Park TC - 5 May 2011

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2011/05/05

Race Number:
R7

Decision:

We were thus of the view that that horse was denied a fair start and that this had materially prejudiced her chances.We ruled that it was not unreasonable for the stipendiary stewards to rule that KAI BREE SHE be declared a non runner.
 
Acting on this recommendation, the stipendiary stewards determined to scratch KAI BREE SHEE from the race.

Facts:

Mr Ydgren, stipendiary steward, requested a ruling as to whether to declare KAI BREE SHE a non runner.
Rule 213(1) states: “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: … (j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse.”

Submissions for Decision:

Mr Ydgren stated that after hearing from Mrs K Barclay, the driver of PERAKI CHIEF, the stewards were satisfied that the gelding had suffered interference prior to the start from KAI BREE SHEE and, acting under rule 213(j), they had declared this horse to be a non runner.
After questioning driver, B Barclay, and Mr A Stack, the trainer of KAI BREE SHE, he stated that the stewards had decided to file a request for a ruling under Rule 213(1)(j) in order to determine whether a starter’s assistant had impeded this mare prior to the start.
 
Mr Wallis, stipendiary steward, demonstrated on 2 video angles that KAI BREE SHE was standing in her correct position ready to race when a starter’s assistant realised that PERAKI CHIEF was not in his correct position. As that horse was being moved to its correct place in the field, KAI BREE SHE turned side-on. PERAKI CHIEF was side-on but behind KAI BREE SHE, who was still not in her correct position, when the starter let the field go.
 
Mr Barclay and Mr Stack both stated that KAI BREE SHE, after becoming side-on had been unable to move into her correct position because that position was occupied by a starter’s assistant. This assistant was holding the 10 metre tape taut and was standing in front of and to the inside of KAI BREE SHE and PERAKI CHIEF who were both drawn to start off the front, but on the unruly mark. Despite having 2 video angles, it was difficult to determine the extent to which KAI BREE SHE was hampered by the assistant, as a pole obscured the closest picture. However, Mr Barclay was very clear in his evidence that he had been prevented from taking up his correct position by the starter’s assistant who was standing in the wrong place.
 

Reasons for Decision:

In these circumstances, we believed it was appropriate to protect the interests of the public who had invested on KAI BREE SHE.

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: be11a55c1eb4dccd0111d3f910232eb8

informantnumber:

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 14/04/2011

hearing_title: Forbury Park TC 5 May 2011 - R7 (Request for a Ruling)

charge:

facts:

Mr Ydgren, stipendiary steward, requested a ruling as to whether to declare KAI BREE SHE a non runner.
Rule 213(1) states: “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: … (j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse.”

appealdecision:

isappeal:

submissionsfordecision:

Mr Ydgren stated that after hearing from Mrs K Barclay, the driver of PERAKI CHIEF, the stewards were satisfied that the gelding had suffered interference prior to the start from KAI BREE SHEE and, acting under rule 213(j), they had declared this horse to be a non runner.
After questioning driver, B Barclay, and Mr A Stack, the trainer of KAI BREE SHE, he stated that the stewards had decided to file a request for a ruling under Rule 213(1)(j) in order to determine whether a starter’s assistant had impeded this mare prior to the start.
 
Mr Wallis, stipendiary steward, demonstrated on 2 video angles that KAI BREE SHE was standing in her correct position ready to race when a starter’s assistant realised that PERAKI CHIEF was not in his correct position. As that horse was being moved to its correct place in the field, KAI BREE SHE turned side-on. PERAKI CHIEF was side-on but behind KAI BREE SHE, who was still not in her correct position, when the starter let the field go.
 
Mr Barclay and Mr Stack both stated that KAI BREE SHE, after becoming side-on had been unable to move into her correct position because that position was occupied by a starter’s assistant. This assistant was holding the 10 metre tape taut and was standing in front of and to the inside of KAI BREE SHE and PERAKI CHIEF who were both drawn to start off the front, but on the unruly mark. Despite having 2 video angles, it was difficult to determine the extent to which KAI BREE SHE was hampered by the assistant, as a pole obscured the closest picture. However, Mr Barclay was very clear in his evidence that he had been prevented from taking up his correct position by the starter’s assistant who was standing in the wrong place.
 

reasonsfordecision:

In these circumstances, we believed it was appropriate to protect the interests of the public who had invested on KAI BREE SHE.

Decision:

We were thus of the view that that horse was denied a fair start and that this had materially prejudiced her chances.We ruled that it was not unreasonable for the stipendiary stewards to rule that KAI BREE SHE be declared a non runner.
 
Acting on this recommendation, the stipendiary stewards determined to scratch KAI BREE SHEE from the race.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Request Ruling

Rules: 213(1)(j)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward: Mr N Ydgren - Stipendiary Steward

raceid: ec4947d5683447042c68df727a694b25

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 526aba3786f012936573eb872758135c

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 05/05/2011

meet_title: Forbury Park TC - 5 May 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: forbury-park-tc

meet_racingtype: harness-racing

meet_chair: GHall

meet_pm1: DSteel

meet_pm2: none

name: Forbury Park TC