Marlborough HRC 13 January 2013 – R 11 (request for a ruling)
ID: JCA17047
Meet Title:
Marlborough HRC - 13 January 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
KHales
Race Date:
2013/01/13
Race Number:
R 11
Decision:
The Committee rules that the gear on “Fear Flying” had come adrift prior to the start, that the horse was denied a fair start and that in terms of rule 213(1)(j) the Stipendiary Stewards may scratch the horse from the race.
As a result of the scratching of “Fear Flying” all dividends will be amended and authorization of those amended dividends is given.
Facts:
Following the running of race 11 Information A4959 was filed by Stipendiary Steward Mr N Ydgren seeking a ruling under Rule 213 (1) (j). The information requested a ruling “to determine if the gear on Fear Flying had come adrift prior to the start”.
Rule 213(1)(j) 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…..if a horse is denied a fair start and such occurrence materially prejudiced the chances of that horse”.
Mr Ydgren confirmed the Stipendiary Stewards were seeking a ruling from the Committee as to whether “Fear Flying” was denied a fair start.
Mr Smith and Mr Robertson confirmed to the Committee they understood the Rule and what was being sought by the Stipendiary Stewards.
Submissions for Decision:
Mr Ydgren read our Rule 857(3)(i)(iii) which states ”RECALL - REASONS FOR. The Starter shall sound a recall for the following reasons and no other ….. a horse has broken equipment”.
Mr Ydgren used the head-on film of the start to identify “Fear Flying”. He said the film of the score up was inconclusive because the position of the horse immediately behind the mobile arm meant its’ legs could not be clearly seen. However, as soon as the mobile arm pulled away the horse could be seen to pace roughly. He said the side carrier strap on the near side hopple had come adrift and as result the horse was pulled up and retired from the race.
Mr Ydgren also played the “Trackside” coverage of the pre-start in which he said “Fear Flying” could be clearly seen with its gear intact. However, at the start point or within a few metres of the start the horse had begun to pace roughly and the gear that had come adrift could then be seen. What couldn’t be seen, he said, was exactly when the gear had come undone.
Mr Smith said he could not categorically state when the gear had come adrift. He said he had noticed the strap flapping to the side of the horse approximately 20 metres after the start and thought it unlikely the gear had come adrift in that 20 metre window. He repeated, however, that he could not be absolutely sure when the gear had come adrift. He did say that in the score up he was not looking at the legs of the horse and only did so once the gate had pulled away.
Mr Robertson confirmed the gear was not taped under the buckle, which, if it had been, would have meant the incident would have been avoided.
Reasons for Decision:
The film of the incident is inconclusive. The Committee must rely on the evidence of Mr Smith. Mr Smith is clear that something happened somewhere between very late in the score up and the first few metres of the race although he has been unable to pin point exactly where the gear came adrift. However, the Committee is prepared to accept the gear on “Fear Flying” came adrift so close to the start to justify us ruling the horse was denied a fair 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: c6329be3491415cbbb451f9ac8bbb1e8
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Marlborough HRC 13 January 2013 - R 11 (request for a ruling)
charge:
facts:
Following the running of race 11 Information A4959 was filed by Stipendiary Steward Mr N Ydgren seeking a ruling under Rule 213 (1) (j). The information requested a ruling “to determine if the gear on Fear Flying had come adrift prior to the start”.
Rule 213(1)(j) 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…..if a horse is denied a fair start and such occurrence materially prejudiced the chances of that horse”.
Mr Ydgren confirmed the Stipendiary Stewards were seeking a ruling from the Committee as to whether “Fear Flying” was denied a fair start.
Mr Smith and Mr Robertson confirmed to the Committee they understood the Rule and what was being sought by the Stipendiary Stewards.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren read our Rule 857(3)(i)(iii) which states ”RECALL - REASONS FOR. The Starter shall sound a recall for the following reasons and no other ….. a horse has broken equipment”.
Mr Ydgren used the head-on film of the start to identify “Fear Flying”. He said the film of the score up was inconclusive because the position of the horse immediately behind the mobile arm meant its’ legs could not be clearly seen. However, as soon as the mobile arm pulled away the horse could be seen to pace roughly. He said the side carrier strap on the near side hopple had come adrift and as result the horse was pulled up and retired from the race.
Mr Ydgren also played the “Trackside” coverage of the pre-start in which he said “Fear Flying” could be clearly seen with its gear intact. However, at the start point or within a few metres of the start the horse had begun to pace roughly and the gear that had come adrift could then be seen. What couldn’t be seen, he said, was exactly when the gear had come undone.
Mr Smith said he could not categorically state when the gear had come adrift. He said he had noticed the strap flapping to the side of the horse approximately 20 metres after the start and thought it unlikely the gear had come adrift in that 20 metre window. He repeated, however, that he could not be absolutely sure when the gear had come adrift. He did say that in the score up he was not looking at the legs of the horse and only did so once the gate had pulled away.
Mr Robertson confirmed the gear was not taped under the buckle, which, if it had been, would have meant the incident would have been avoided.
reasonsfordecision:
The film of the incident is inconclusive. The Committee must rely on the evidence of Mr Smith. Mr Smith is clear that something happened somewhere between very late in the score up and the first few metres of the race although he has been unable to pin point exactly where the gear came adrift. However, the Committee is prepared to accept the gear on “Fear Flying” came adrift so close to the start to justify us ruling the horse was denied a fair start.
Decision:
The Committee rules that the gear on “Fear Flying” had come adrift prior to the start, that the horse was denied a fair start and that in terms of rule 213(1)(j) the Stipendiary Stewards may scratch the horse from the race.
As a result of the scratching of “Fear Flying” all dividends will be amended and authorization of those amended dividends is given.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr G Smith - Open Horseman and Driver of FEAR FLYING, Mr P Robertson - Licensed Trainer of FEAR FLYING, Mr S Renault - Stipendiary Steward
Respondent:
StipendSteward: Mr N Ydgren - Stipendiary Steward
raceid: faa8a47403a39f516807c944c46b108d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 46213cf5516a66f18fc31cd007bee62c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2013
meet_title: Marlborough HRC - 13 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: KHales
meet_pm2: none
name: Marlborough HRC