Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

NZ Metro TC 10 August 2012 – R 8 (request for a ruling)

ID: JCA16649

Stipend Steward:
Mr NG McIntyre - Stipendiary Steward

Hearing Type:
Request Ruling

Rules:
Rule 213(1)

Meet Title:
NZ Metro TC - 10 August 2012

Meet Chair:
KHales

Meet Committee Member 1:
SChing

Race Date:
2012/08/10

Race Number:
R8

Decision:

Notwithstanding the obvious misunderstandings that arose at the start, the video shows that "Continental Auto" did start off rather "gingerly", even though there was no firm evidence of the horse having suffered an injury. It seems as though something was amiss, and we have no reason to doubt that Mr Thomas did call for his horse to be checked by the vet. Perhaps he was not forceful enough in his request, but in the interests of the punters who quite clearly did not get a fair run for their money in the race it is prudent for us to rule that "Continental Auto" was denied a fair start.

Accordingly we rule that "Continental Auto" was denied a fair start and it is scratched from the race accordingly. Bets are to be refunded.

Facts:

As a result of an incident just prior to the start of Race 8 the Stipendiary Stewards requested a ruling (Rule 1102(2)(b)(viii)) to determine if "Continental Auto" had been denied a fair start.

Whilst the field was assembling at the start for Race 8, "Continental Auto" driven by Mr B Thomas came into contact with  "Top Notch Lavros", which backed into him. Mr Thomas said that he instructed the Starter's assistant to call for the vet as he said that there was quite considerable contact with the legs of "Continental Auto", checking him quite severely on the near side hind leg. The horse as a result was walking quite "gingerly". However, the field was brought into line and the start given. Mr Clarke said that he didn't pick up on the call for the vet as there was so much going on. His focus was on getting the horse into line and moved the horse into its position on the track. Mr Lamb didn't hear anything about a vet being required. The focus was on the positioning of the field.

The field started and "Continental Auto" went into a break and appeared to be lame in the early stages of the race. Mr McIntyre received advice from the Club's vet that the horse did not appear to have any abnormalites, post race. Mr Thomas said that notwithstanding what had happened he ran a full lap of the track, after the race and that appeared to have relieved any soreness. He did not push his horse into the race at the start as he felt that the horse was lame.

At the start and after the contact was made Mr Thomas said that he was happy for the starter's assistant to continue to lead his horse around.

Submissions for Decision:

Mr Thomas submitted that his horse was denied a fair start as he had called for the vet to examine his horse. Notwithstanding that, it seemed there were misunderstandings. His horse was lame when it started.

Reasons for Decision:

Because "Continental Auto" was denied a fair start, the chances of the horse were materially affected.

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: d0a10f36c8029357e07ded2df4dac45b


informantnumber:


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 24/07/2012


hearing_title: NZ Metro TC 10 August 2012 - R 8 (request for a ruling)


charge:


facts:

As a result of an incident just prior to the start of Race 8 the Stipendiary Stewards requested a ruling (Rule 1102(2)(b)(viii)) to determine if "Continental Auto" had been denied a fair start.

Whilst the field was assembling at the start for Race 8, "Continental Auto" driven by Mr B Thomas came into contact with  "Top Notch Lavros", which backed into him. Mr Thomas said that he instructed the Starter's assistant to call for the vet as he said that there was quite considerable contact with the legs of "Continental Auto", checking him quite severely on the near side hind leg. The horse as a result was walking quite "gingerly". However, the field was brought into line and the start given. Mr Clarke said that he didn't pick up on the call for the vet as there was so much going on. His focus was on getting the horse into line and moved the horse into its position on the track. Mr Lamb didn't hear anything about a vet being required. The focus was on the positioning of the field.

The field started and "Continental Auto" went into a break and appeared to be lame in the early stages of the race. Mr McIntyre received advice from the Club's vet that the horse did not appear to have any abnormalites, post race. Mr Thomas said that notwithstanding what had happened he ran a full lap of the track, after the race and that appeared to have relieved any soreness. He did not push his horse into the race at the start as he felt that the horse was lame.

At the start and after the contact was made Mr Thomas said that he was happy for the starter's assistant to continue to lead his horse around.


appealdecision:


isappeal:


submissionsfordecision:

Mr Thomas submitted that his horse was denied a fair start as he had called for the vet to examine his horse. Notwithstanding that, it seemed there were misunderstandings. His horse was lame when it started.


reasonsfordecision:

Because "Continental Auto" was denied a fair start, the chances of the horse were materially affected.


Decision:

Notwithstanding the obvious misunderstandings that arose at the start, the video shows that "Continental Auto" did start off rather "gingerly", even though there was no firm evidence of the horse having suffered an injury. It seems as though something was amiss, and we have no reason to doubt that Mr Thomas did call for his horse to be checked by the vet. Perhaps he was not forceful enough in his request, but in the interests of the punters who quite clearly did not get a fair run for their money in the race it is prudent for us to rule that "Continental Auto" was denied a fair start.

Accordingly we rule that "Continental Auto" was denied a fair start and it is scratched from the race accordingly. Bets are to be refunded.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: Rule 213(1)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Mr B Thomas - Junior Driver, Mr P Lamb - Starter, Mr AG Clarke - Starter's assistant


Respondent:


StipendSteward: Mr NG McIntyre - Stipendiary Steward


raceid: 1f6630dc6e7f715426d26f35d366497f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1a798d1445112df1a5f482df85ef7cbc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/08/2012


meet_title: NZ Metro TC - 10 August 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC