NZ Metro TC – 10 September 2009 – Race 4
ID: JCA19834
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 10 September 2009
Race Date:
2009/09/10
Race Number:
Race 4
Decision:
Stipendiary Steward Mr N. M. Ydgren has asked the Committee for a ruling as to whether “Julia’s Cullen” (3), which finished 4th in the race, should be declared a late scratching pursuant to Rule 213(1)(j).
Stipendiary Steward Mr N. M. Ydgren has asked the Committee for a ruling as to whether “Julia’s Cullen” (3), which finished 4th in the race, should be declared a late scratching pursuant to Rule 213(1)(j). The Information reads as follows.
--“I, the above named informant hereby apply to the judicial committee and seek a ruling on the following matters: Whether Julia’s Cullen should be declared a late scratching due to interference suffered prior to the start.”
--Rule 1112(4) provides as follows.
--“(4) The Judicial Committee may rule on the matter referred to it in any such information and its ruling shall, subject to appeal to an Appeals Tribunal, be binding on all persons and others to whom these Rules apply.”
--Rule 213(1)(j) reads 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.”
Mr L. F. O’Reilly was present at the hearing, along with the owners Mr D. M. O’Reilly and M. A. McLeod.
--Stipendiary Steward Mrs Williams gave evidence and used video coverage to show that just prior to the start “Julia’s Cullen” was side on and because of this missed the start by 5 – 10 lengths and ended up second to last after the first 100 metres or so. The matter at issue was whether “Julia’s Cullen’s” slow start was attributable to that horse’s manners, or to interference. It was the Stipendiary Steward’s case that there was no apparent reason for “Julia’s Cullen” to be sideways at the start, other than the horse’s manners. It was also relevant that “Julia’s Cullen” had finished 4th in the race, and it was a First Four race. There was also a stake payable for this 4th placing.
--Mr O’Reilly gave evidence that “Julia’s Cullen” was very good at the start. On this occasion however he said he didn’t have proper control of his horse when the start was declared because the horse behind him (“Fine Holmes”) was pushing him forward and pushing him off his seat. Mr O’Reilly also said that he was standing up and trying to push the other horse away at the time the start was declared.
--It was also established that Mr O’Reilly called out to starter Mr Lamb that it was a false start, and that Mr Lamb did hear the call, but did not see anything that would have resulted in a false start. Mr Lamb did report to the Stipendiary Stewards that they might like to look at the start to see if there was any matter of concern.
--After hearing the evidence we adjourned to consider our decision on this matter. We were satisfied that there was interference to “Julia’s Cullen” just prior to the start being declared. We were also satisfied that “Julia’s Cullen” was denied a fair start and that such interference materially prejudiced the chances of that horse. Although the horse did finish 4th the betting public who had supported the horse to finish in a better placing were not given a fair run for their money.
--On returning to the Enquiry Room we were advised that Race 5 was about to start. We advised the parties that a full written decision would be given later (see above) and advised the parties that our Ruling was that “Julia’s Cullen” be late scratched from the race because that horse did not have a fair start and its chances were materially affected.
--The amended places are therefore as follows.
1st – Jack Hinton (1)
2nd – Dustin Bromac (5)
3rd – Red Hot Hat (8)
4th – But But But (6)
5th – Matai Hunter (14)
6th – Deadly Affair (12)
J. M. Phelan J. Millar
CHAIR Committee Member
40126
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: 3942ce8a29358b358eecd9a9e8eb4fa5
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 10 September 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Stipendiary Steward Mr N. M. Ydgren has asked the Committee for a ruling as to whether “Julia’s Cullen” (3), which finished 4th in the race, should be declared a late scratching pursuant to Rule 213(1)(j).
Stipendiary Steward Mr N. M. Ydgren has asked the Committee for a ruling as to whether “Julia’s Cullen” (3), which finished 4th in the race, should be declared a late scratching pursuant to Rule 213(1)(j). The Information reads as follows.
--“I, the above named informant hereby apply to the judicial committee and seek a ruling on the following matters: Whether Julia’s Cullen should be declared a late scratching due to interference suffered prior to the start.”
--Rule 1112(4) provides as follows.
--“(4) The Judicial Committee may rule on the matter referred to it in any such information and its ruling shall, subject to appeal to an Appeals Tribunal, be binding on all persons and others to whom these Rules apply.”
--Rule 213(1)(j) reads 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.”
Mr L. F. O’Reilly was present at the hearing, along with the owners Mr D. M. O’Reilly and M. A. McLeod.
--Stipendiary Steward Mrs Williams gave evidence and used video coverage to show that just prior to the start “Julia’s Cullen” was side on and because of this missed the start by 5 – 10 lengths and ended up second to last after the first 100 metres or so. The matter at issue was whether “Julia’s Cullen’s” slow start was attributable to that horse’s manners, or to interference. It was the Stipendiary Steward’s case that there was no apparent reason for “Julia’s Cullen” to be sideways at the start, other than the horse’s manners. It was also relevant that “Julia’s Cullen” had finished 4th in the race, and it was a First Four race. There was also a stake payable for this 4th placing.
--Mr O’Reilly gave evidence that “Julia’s Cullen” was very good at the start. On this occasion however he said he didn’t have proper control of his horse when the start was declared because the horse behind him (“Fine Holmes”) was pushing him forward and pushing him off his seat. Mr O’Reilly also said that he was standing up and trying to push the other horse away at the time the start was declared.
--It was also established that Mr O’Reilly called out to starter Mr Lamb that it was a false start, and that Mr Lamb did hear the call, but did not see anything that would have resulted in a false start. Mr Lamb did report to the Stipendiary Stewards that they might like to look at the start to see if there was any matter of concern.
--After hearing the evidence we adjourned to consider our decision on this matter. We were satisfied that there was interference to “Julia’s Cullen” just prior to the start being declared. We were also satisfied that “Julia’s Cullen” was denied a fair start and that such interference materially prejudiced the chances of that horse. Although the horse did finish 4th the betting public who had supported the horse to finish in a better placing were not given a fair run for their money.
--On returning to the Enquiry Room we were advised that Race 5 was about to start. We advised the parties that a full written decision would be given later (see above) and advised the parties that our Ruling was that “Julia’s Cullen” be late scratched from the race because that horse did not have a fair start and its chances were materially affected.
--The amended places are therefore as follows.
1st – Jack Hinton (1)
2nd – Dustin Bromac (5)
3rd – Red Hot Hat (8)
4th – But But But (6)
5th – Matai Hunter (14)
6th – Deadly Affair (12)
J. M. Phelan J. Millar
CHAIR Committee Member
40126
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 213.1.j, 1112.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 784754b1f59f008d3faac5d8723f3fcc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5999ea3b25676a0dd8171310f46f73bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/09/2009
meet_title: NZ Metro TC - 10 September 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC