Nelson HRC 9 January 2015 – R 6 (Request for a Ruling)
ID: JCA14954
Meet Title:
Nelson HRC - 9 January 2015
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2015/01/09
Race Number:
R6
Decision:
The Committee declares “Webb Ellis” to be a starter. The placings as called by the Judge are confirmed and authorisation is given to the payment of all dividends and stakes.
Facts:
Following the running of Race 6, the “Nelson OTB/Stihl Shop Richmond Pace”, Information A6334 was filed by Public Trainer Mr M Kerr seeking a request for a ruling under Rule 213(1)(j). The Information said “that “Webb Ellis” was denied a fair start”.
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 the horse.
(j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of the horse.
Submissions for Decision:
Stipendiary Steward Mr S Wallis advised the Committee he had been asked to scratch “Webb Ellis” from the race but had decided to put the matter before the Judicial Committee for a ruling. He used the side-on film of the pre-start of the race to highlight “Webb Ellis” who was drawn 10 (the outside) of the front line. He said it was clear the horse was not settled and could be seen walking around on the grass verge on the outside of the all weather track with a Starters Assistant. He said “Webb Ellis” was standing on the grass verge as the barrier strand was released to start the race. The horse was slow to begin and could be seen to run around the outside of utility nvehicle that was parked approximately 20m in front of the start point. The horse then came down onto the track and within 200m was racing at the rear of the field.
Both Mr Kerr, the co-trainer of “Webb Ellis” and Mr D Dunn, the driver of the horse said the horse should be scratched as it was not on the track but on the outer grass when the race started and to not scratch the horse would mean that horses were permitted to start from outside the confines of the course proper. Mr Dunn said because of way the horse started he was not able to take up a position close to the front of the field as planned following similar tactics being used at the horse’s previous start when he had gone on to win the race. He also said that an earlier delay to the start of the race when a boring pole had to be removed from another horse had caused his horse to become unsettled.
To a question from the Committee, Stipendiary Steward and Starter Mr P Lamb said that the Starters Assistant was helping to keep the horse as straight as possible immediately prior to the start and was not holding the horse as the barrier strand was released.
In conclusion Mr Wallis said he believed the problems at the start were of the horses’ own making. He said as the barrier strand was released the horse was free of interference, the barrier strand had released correctly and the horse was not being held by the Starters Assistant. He also said Mr Dunn had not called out to Mr Lamb to hold the start of the race.
Reasons for Decision:
The Committee has carefully considered the film of the start and submissions of all parties. It is very clear that “Webb Ellis” was very unsettled prior to the start of the race and proving difficult to control notwithstanding the help being given to Mr Dunn by the Starters Assistant. It is also not in dispute that as the barrier stand was released “Webb Ellis” was standing on the grass verge on the outside of the track. The Committee agrees the barrier strand did release correctly and the horse was free of interference (including not being held by the Starters Assistant) when the barrier strand was released. The Committee also notes the horse had no broken gear which might have added to the horse being unsettled at the start and also that Mr Dunn did not deny the statement made by Mr Wallis that he did not call out to the starter to hold the race because “Webb Ellis” was very unsettled.
Whilst “Webb Ellis” was slow away this is not uncommon in standing start races and whilst the horse did have to go round the “crash cart” which was parked some 20m in front of the start line he was pacing smoothly and at speed as he went past it. He then immediately moved down onto the course proper. Whilst this may have meant Mr Dunn was not able to take up his planned position in the field that is hypothetical as nobody can say where he might have ended up had he started from the outside of the course proper given how unsettled his horse was. As such we do not believe “Webb Ellis” was denied a fair start or that the chances of the horse were materially prejudiced.
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: 90dcb685c176218509f6b86eec1c2593
informantnumber: A6334
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/12/2014
hearing_title: Nelson HRC 9 January 2015 - R 6 (Request for a Ruling)
charge:
facts:
Following the running of Race 6, the “Nelson OTB/Stihl Shop Richmond Pace”, Information A6334 was filed by Public Trainer Mr M Kerr seeking a request for a ruling under Rule 213(1)(j). The Information said “that “Webb Ellis” was denied a fair start”.
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 the horse.
(j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of the horse.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr S Wallis advised the Committee he had been asked to scratch “Webb Ellis” from the race but had decided to put the matter before the Judicial Committee for a ruling. He used the side-on film of the pre-start of the race to highlight “Webb Ellis” who was drawn 10 (the outside) of the front line. He said it was clear the horse was not settled and could be seen walking around on the grass verge on the outside of the all weather track with a Starters Assistant. He said “Webb Ellis” was standing on the grass verge as the barrier strand was released to start the race. The horse was slow to begin and could be seen to run around the outside of utility nvehicle that was parked approximately 20m in front of the start point. The horse then came down onto the track and within 200m was racing at the rear of the field.
Both Mr Kerr, the co-trainer of “Webb Ellis” and Mr D Dunn, the driver of the horse said the horse should be scratched as it was not on the track but on the outer grass when the race started and to not scratch the horse would mean that horses were permitted to start from outside the confines of the course proper. Mr Dunn said because of way the horse started he was not able to take up a position close to the front of the field as planned following similar tactics being used at the horse’s previous start when he had gone on to win the race. He also said that an earlier delay to the start of the race when a boring pole had to be removed from another horse had caused his horse to become unsettled.
To a question from the Committee, Stipendiary Steward and Starter Mr P Lamb said that the Starters Assistant was helping to keep the horse as straight as possible immediately prior to the start and was not holding the horse as the barrier strand was released.
In conclusion Mr Wallis said he believed the problems at the start were of the horses’ own making. He said as the barrier strand was released the horse was free of interference, the barrier strand had released correctly and the horse was not being held by the Starters Assistant. He also said Mr Dunn had not called out to Mr Lamb to hold the start of the race.
reasonsfordecision:
The Committee has carefully considered the film of the start and submissions of all parties. It is very clear that “Webb Ellis” was very unsettled prior to the start of the race and proving difficult to control notwithstanding the help being given to Mr Dunn by the Starters Assistant. It is also not in dispute that as the barrier stand was released “Webb Ellis” was standing on the grass verge on the outside of the track. The Committee agrees the barrier strand did release correctly and the horse was free of interference (including not being held by the Starters Assistant) when the barrier strand was released. The Committee also notes the horse had no broken gear which might have added to the horse being unsettled at the start and also that Mr Dunn did not deny the statement made by Mr Wallis that he did not call out to the starter to hold the race because “Webb Ellis” was very unsettled.
Whilst “Webb Ellis” was slow away this is not uncommon in standing start races and whilst the horse did have to go round the “crash cart” which was parked some 20m in front of the start line he was pacing smoothly and at speed as he went past it. He then immediately moved down onto the course proper. Whilst this may have meant Mr Dunn was not able to take up his planned position in the field that is hypothetical as nobody can say where he might have ended up had he started from the outside of the course proper given how unsettled his horse was. As such we do not believe “Webb Ellis” was denied a fair start or that the chances of the horse were materially prejudiced.
Decision:
The Committee declares “Webb Ellis” to be a starter. The placings as called by the Judge are confirmed and authorisation is given to the payment of all dividends and stakes.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213 (1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Kerr - Public Trainer, Mr D Dunn - Open Horseman, Mr P Lamb - Stipendiary Steward and Starter
Respondent:
StipendSteward: Mr S Wallis - Stipendiary Steward
raceid: 4bfd362fcc04097a9815eb300d46690b
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: 69a415e1aae9755f74edc2372793ce3f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/01/2015
meet_title: Nelson HRC - 9 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Nelson HRC