Gore HRC 26 August 2012 – R 3 (request for a ruling)
ID: JCA16073
Meet Title:
Gore HRC - 26 August 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
NSkelt
Race Date:
2012/08/26
Race Number:
R4
Decision:
ROCKER BILLY REBEL was ruled a late scratching from the race.
Facts:
Following the running of Race 4, Brendan Franks Farrier Special Handicap Trot, an information requesting a ruling was filed by Licensed Open Horseman, Mr D J Dunn, requesting a ruling that ROCKER BILLY REBEL, driven by Mr Dunn, “was denied a fair start and it should be declared a late scratching”.
Mr Dunn was present at the hearing of the information.
Rule 213 (1) 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:
(j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse.
The Committee granted leave to Mr Dunn pursuant to Rule 1112 (1) (c) to file the information seeking a ruling.
Submissions for Decision:
Mr Dunn admitted that the horse was playing up prior to the start. However, when the tapes were released his horse was not in its position (barrier 1 on the front row of the 2700 metres standing start trot) but was standing sideways. He submitted that this gave neither the horse’s connections nor punters a fair chance.
The Committee viewed video replays of the start of the race and from just prior to the start. Mr Dunn submitted that he was “not even close” to his correct starting position. His horse was entitled to be in its correct starting position and facing forward.
The starter, Mr B W Ward, said that Mr Dunn had been in its correct position when the tapes were released but had backed back after release. The horse had refused three or four attempts to get it into position. It was clear of the other runners and he decided to let the field go, Mr Ward said. Mr Ward said that the field had been called into line and the only runner out of position was ROCKER BILLY REBEL. He disputed that the horse was denied a fair start.
Mr Dunn disagreed and submitted that he had never made it into his correct position. He repeated that his horse had been denied a fair start.
Mr C J Allison, Stipendiary Steward, said that it was not disputed that Mr Dunn was not in his correct position but the reason for that was that the horse was playing up. It was out of position because of its barrier manners. Mr Allison read to the hearing Rule 857 (6) which sets out the reasons for the starter to declare a false start in a standing start race. None of those reasons existed in this case, Mr Allison submitted.
Reasons for Decision:
It was argued by Mr Dunn, and accepted by Mr Allison, that ROCKER BILLY REBEL was not in its correct starting position of barrier 1 on the front row when the tapes were released. Mr Ward, the starter, stated that the horse was in its correct position when the tapes were released but stated that the horse had backed away after the tapes were released. The Committee found that this was not correct and prefers the evidence of Mr Dunn, supported by the video evidence, that ROCKER BILLY REBEL was, quite clearly, not in its correct starting position.
The Committee does not disagree that ROCKER BILLY REBEL had been fractious as the starter was attempting to bring the field down into line and that some tolerance had been extended to it.
The Committee accepts that if a horse in, or close to, its starting position brings about its own demise by conduct after the tapes are released it has itself to blame and will not be declared a scratching. That is not the case here. The Committee observed that ROCKER BILLY REBEL was in the middle of the track and facing the inside of the track.
The betting public are entitled to a reasonable expectation that all runners be in their correct starting position, or as near as possible, when the race starts. What happens after the tapes are released is simply part of harness racing and a horse can lose its chance by conduct after the tapes are released. The public is aware that that is a legitimate risk that a punter takes.
ROCKER BILLY REBEL’s manners were such that the starting crew had lost patience with it. However, in the Committee’s view, the connections of the horse and the betting public were entitled to expect that the horse be given a fair opportunity to leave the mark with the rest of the field and compete in the race. The Committee is satisfied that, on this occasion, ROCKER BILLY REBEL, was denied the opportunity of a fair start, notwithstanding that it may have been playing up prior to the start.
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: b83bbf53efdd822e06734291038e2b62
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/08/2012
hearing_title: Gore HRC 26 August 2012 - R 3 (request for a ruling)
charge:
facts:
Following the running of Race 4, Brendan Franks Farrier Special Handicap Trot, an information requesting a ruling was filed by Licensed Open Horseman, Mr D J Dunn, requesting a ruling that ROCKER BILLY REBEL, driven by Mr Dunn, “was denied a fair start and it should be declared a late scratching”.
Mr Dunn was present at the hearing of the information.
Rule 213 (1) 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:
(j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse.
The Committee granted leave to Mr Dunn pursuant to Rule 1112 (1) (c) to file the information seeking a ruling.
appealdecision:
isappeal:
submissionsfordecision:
Mr Dunn admitted that the horse was playing up prior to the start. However, when the tapes were released his horse was not in its position (barrier 1 on the front row of the 2700 metres standing start trot) but was standing sideways. He submitted that this gave neither the horse’s connections nor punters a fair chance.
The Committee viewed video replays of the start of the race and from just prior to the start. Mr Dunn submitted that he was “not even close” to his correct starting position. His horse was entitled to be in its correct starting position and facing forward.
The starter, Mr B W Ward, said that Mr Dunn had been in its correct position when the tapes were released but had backed back after release. The horse had refused three or four attempts to get it into position. It was clear of the other runners and he decided to let the field go, Mr Ward said. Mr Ward said that the field had been called into line and the only runner out of position was ROCKER BILLY REBEL. He disputed that the horse was denied a fair start.
Mr Dunn disagreed and submitted that he had never made it into his correct position. He repeated that his horse had been denied a fair start.
Mr C J Allison, Stipendiary Steward, said that it was not disputed that Mr Dunn was not in his correct position but the reason for that was that the horse was playing up. It was out of position because of its barrier manners. Mr Allison read to the hearing Rule 857 (6) which sets out the reasons for the starter to declare a false start in a standing start race. None of those reasons existed in this case, Mr Allison submitted.
reasonsfordecision:
It was argued by Mr Dunn, and accepted by Mr Allison, that ROCKER BILLY REBEL was not in its correct starting position of barrier 1 on the front row when the tapes were released. Mr Ward, the starter, stated that the horse was in its correct position when the tapes were released but stated that the horse had backed away after the tapes were released. The Committee found that this was not correct and prefers the evidence of Mr Dunn, supported by the video evidence, that ROCKER BILLY REBEL was, quite clearly, not in its correct starting position.
The Committee does not disagree that ROCKER BILLY REBEL had been fractious as the starter was attempting to bring the field down into line and that some tolerance had been extended to it.
The Committee accepts that if a horse in, or close to, its starting position brings about its own demise by conduct after the tapes are released it has itself to blame and will not be declared a scratching. That is not the case here. The Committee observed that ROCKER BILLY REBEL was in the middle of the track and facing the inside of the track.
The betting public are entitled to a reasonable expectation that all runners be in their correct starting position, or as near as possible, when the race starts. What happens after the tapes are released is simply part of harness racing and a horse can lose its chance by conduct after the tapes are released. The public is aware that that is a legitimate risk that a punter takes.
ROCKER BILLY REBEL’s manners were such that the starting crew had lost patience with it. However, in the Committee’s view, the connections of the horse and the betting public were entitled to expect that the horse be given a fair opportunity to leave the mark with the rest of the field and compete in the race. The Committee is satisfied that, on this occasion, ROCKER BILLY REBEL, was denied the opportunity of a fair start, notwithstanding that it may have been playing up prior to the start.
Decision:
ROCKER BILLY REBEL was ruled a late scratching from the race.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: DJ Dunn - Licensed Open Driver (Informant), BW Ward - Starter
Respondent:
StipendSteward: CJ Allison - Stipendiary Steward
raceid: 1c123aef8f03628b930ffeb63d902eff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 730261368649fb7f6f65c41bafe02745
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/08/2012
meet_title: Gore HRC - 26 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: NSkelt
meet_pm2: none
name: Gore HRC