Hawke’s Bay RI 17 September 2016 – R 8 (request for ruling) – Chair, Mr N McCutcheon
ID: JCA13401
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 17 September 2016
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
NMoffatt
Race Date:
2016/09/17
Race Number:
R 8
Decision:
In exercising its discretion under the provisions of Rule 632(2) the committee did so in favour of declaring BATTLE TIME to have been a runner and confirmed its 4th placing in the race.
Facts:
Following the running of Race 8 (Windsor Park Plate Group 1), Information A6973 was filed with the Judicial Committee. It sought a request for a ruling under the provisions of Rule 632(2). The Information stated: If BATTLE TIME gained an unfair advantage at the start.
Rule 632(2) states:
If, in the opinion of the Judicial Committee any horse gained an unfair advantage by its barrier stall malfunctioning and opening, or being forced, by such horse, open prior to the starter effecting a start, such horse may be declared a non-starter.
Submissions for Decision:
The films were shown with Mr Oatham identifying BATTLE TIME in its stall. He said that the front gates of BATTLE TIME’S stall opened slightly ahead of the other gates and that BATTLE TIME came out a little ahead of the other runners. He said that BATTLE TIME had clearly moved forward and that that action had activated the front gates.
Mr Colgan said that his horse did lunge forward and that whilst his head was out of the gates, his front legs were well off the ground and that by the time he had got back to the ground the other horses were on terms with him. He said he then took a hold of his mount and eased it back. He then said that when he was looking for a run in the home straight he was checked by EL PESCADO. He added that in his opinion BATTLE TIME did not gain any unfair advantage at the start.
Mr Phillips, the Starter, said that he did observe the incident with BATTLE TIME and that he (Mr Phillips) had actually activated the start, but due to BATTLE TIME moving forward it activated its front gate quicker than under normal circumstances.
Mr Hayward said that the start had been made and that his horse had just come out faster and that he had not led the whole way. He added that BATTLE TIME had been checked in the home straight and had recovered well to run on for 4th placing.
Mrs Carter said that it was clear that her horse’s gates were opened a little early, but that she failed to see that he had gained an advantage. She said that if Vinny (Colgan) had gone forward he would have had an advantage. She added that it was also clear that BATTLE TIME was behind EL PESCADO when checked and then he got going again and ran past him. She added that it had not affected the 4th and 5th placings.
Mr Oatham summed up by saying that it would appear from Mr Phillips evidence that he had pressed the start button and that it was only a fraction of a second when BATTLE TIME had forced the gates open. The fact that the horse was moving forward at the time made it look worse. Mr Oatham invited the committee to take into account the running of the entire race and that there was a stake of $10,000 for 4th placing to be considered. He advised the committee that Rule 632(2) had only been introduced in April 2016 and that this was the first hearing under the Rule.
Reasons for Decision:
The committee considered all of the submissions placed before it. It was crystal clear that the gates on BATTLE TIME’S stall opened ahead of all other gates and that BATTLE TIME jumped approximately half a length ahead of all other horses. Almost immediately, Jockey V Colgan steadied his mount to a position back in behind the leaders. BATTLE TIME remained in or about that position and then when attempting to improve near the 200m, was checked when EL PESCADO shifted out into its rightful line of running. As a consequence BATTLE TIME was checked, then regained momentum and finished on strongly for 4th with EL PESCADO finishing 5th. Whilst it was clear that BATTLE TIME had begun ahead of the other horses, the committee deemed that what transpired immediately after and during the course of the race negated any advantage that was gained by BATTLE TIME at 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: 6d4dd4172a4f12f6b0ed603e780c98c9
informantnumber: A6973
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/09/2016
hearing_title: Hawke's Bay RI 17 September 2016 - R 8 (request for ruling) - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 8 (Windsor Park Plate Group 1), Information A6973 was filed with the Judicial Committee. It sought a request for a ruling under the provisions of Rule 632(2). The Information stated: If BATTLE TIME gained an unfair advantage at the start.
Rule 632(2) states:
If, in the opinion of the Judicial Committee any horse gained an unfair advantage by its barrier stall malfunctioning and opening, or being forced, by such horse, open prior to the starter effecting a start, such horse may be declared a non-starter.
appealdecision:
isappeal:
submissionsfordecision:
The films were shown with Mr Oatham identifying BATTLE TIME in its stall. He said that the front gates of BATTLE TIME’S stall opened slightly ahead of the other gates and that BATTLE TIME came out a little ahead of the other runners. He said that BATTLE TIME had clearly moved forward and that that action had activated the front gates.
Mr Colgan said that his horse did lunge forward and that whilst his head was out of the gates, his front legs were well off the ground and that by the time he had got back to the ground the other horses were on terms with him. He said he then took a hold of his mount and eased it back. He then said that when he was looking for a run in the home straight he was checked by EL PESCADO. He added that in his opinion BATTLE TIME did not gain any unfair advantage at the start.
Mr Phillips, the Starter, said that he did observe the incident with BATTLE TIME and that he (Mr Phillips) had actually activated the start, but due to BATTLE TIME moving forward it activated its front gate quicker than under normal circumstances.
Mr Hayward said that the start had been made and that his horse had just come out faster and that he had not led the whole way. He added that BATTLE TIME had been checked in the home straight and had recovered well to run on for 4th placing.
Mrs Carter said that it was clear that her horse’s gates were opened a little early, but that she failed to see that he had gained an advantage. She said that if Vinny (Colgan) had gone forward he would have had an advantage. She added that it was also clear that BATTLE TIME was behind EL PESCADO when checked and then he got going again and ran past him. She added that it had not affected the 4th and 5th placings.
Mr Oatham summed up by saying that it would appear from Mr Phillips evidence that he had pressed the start button and that it was only a fraction of a second when BATTLE TIME had forced the gates open. The fact that the horse was moving forward at the time made it look worse. Mr Oatham invited the committee to take into account the running of the entire race and that there was a stake of $10,000 for 4th placing to be considered. He advised the committee that Rule 632(2) had only been introduced in April 2016 and that this was the first hearing under the Rule.
reasonsfordecision:
The committee considered all of the submissions placed before it. It was crystal clear that the gates on BATTLE TIME’S stall opened ahead of all other gates and that BATTLE TIME jumped approximately half a length ahead of all other horses. Almost immediately, Jockey V Colgan steadied his mount to a position back in behind the leaders. BATTLE TIME remained in or about that position and then when attempting to improve near the 200m, was checked when EL PESCADO shifted out into its rightful line of running. As a consequence BATTLE TIME was checked, then regained momentum and finished on strongly for 4th with EL PESCADO finishing 5th. Whilst it was clear that BATTLE TIME had begun ahead of the other horses, the committee deemed that what transpired immediately after and during the course of the race negated any advantage that was gained by BATTLE TIME at the start.
Decision:
In exercising its discretion under the provisions of Rule 632(2) the committee did so in favour of declaring BATTLE TIME to have been a runner and confirmed its 4th placing in the race.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 632(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mrs M Carter - Co-Trainer of BATTLE TIME, Mr V Colgan - Rider of BATTLE TIME, Mr A Hayward - Owner of BATTLE TIME, Mr G Phillips - Starter, Mr N Goodwin - Stipendiary Steward, Mr D Ryan - Press
Respondent:
StipendSteward: Mr J Oatham - Chief Stipendiary Steward
raceid: 6c09c7ab17d2327e473295228c82eaac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c3dbb98b3ed253feddbaa1c0614b48f4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2016
meet_title: Hawkes Bay RI - 17 September 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: NMoffatt
meet_pm2: none
name: Hawkes Bay RI