NZ Metro TC 11 May 2103 – R 12 (request for a ruling)
ID: JCA11592
Meet Title:
NZ Metro TC - 11 May 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/05/11
Race Number:
R12
Decision:
The Committee ruled that Horse No. 3, DAUGHTRY BROMAC, be declared a late scratching from the race. It was ordered that all investments on that horse be refunded.
Facts:
Following the running of Race 12, Westfield Riccarton Mobile Pace, an information requesting a ruling was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, the details of the ruling sought being “as to whether DAUGHTRY BROMAC was denied a fair start” in the race.
Mr J C Hay, the trainer and driver of DAUGHTRY BROMAC, was present at the hearing.
Rule 213 provides 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 McIntyre submitted that a Stipendiary Steward may file an information which seeks a ruling from a Judicial Committee on any matter - Rule 1112 (1).
Submissions for Decision:
Mr McIntyre showed video replays of the start of Race 12, a mobile start event from the 2600 metres start. He pointed out DAUGHTRY BROMAC, driven by Mr Hay, drawn 3 on the front row and MARAVU TWILIGHT (R D Holmes) drawn immediately outside it at 4.
Mr McIntyre said that, just prior to dispatch, MARAVU TWILIGHT had hung inwards and got its near-side sulky wheel inside the line of DAUGHTRY BROMAC and, as a result, Mr Hay on release has not been able to go forward. It was Mr Hay’s intention to go forward but he was denied that option prior to the start through interference from MARAVU TWILIGHT which was hanging in.
Mr Hay said that, 5 or 10 metres before the start, MARAVU TWILIGHT “rolled clean under” his wheel. He confirmed that he had intended going forward from the handy draw but he was “stuck behind the wheel” of MARAVU TWILIGHT and “could not go anywhere”. He said that the wheels were locked for a distance of 100-150 metres. His horse had good gate speed and he believed that the chances of the horse had been affected.
Mr McIntyre confirmed, with reference to the video replays, that Mr Hay was unable to go forward or back. This was clear from the video replays.
The question for the Committee, Mr McIntyre said, was whether this interference prior to the start had materially prejudiced the chances of DAUGHTRY BROMAC.
Reasons for Decision:
The Committee was required to address two matters. Firstly, was DAUGHTRY BROMAC denied a fair start and, secondly, did that occurrence materially prejudice the chances of that horse?
In relation to the first issue, the Committee was satisfied that DAUGHTRY BROMAC did suffer interference prior to the start as a result of MARAVU TWILIGHT hanging in and causing the former to lock wheels with it. It is relevant that this interference occurred before the start. This would have justified the starter sounding a recall but, of course, in this case the starter could not be expected to have been aware of the problem. This interference was significant as it prevented Mr Hay from driving the horse out of the gate. Instead, it settled beyond mid-field. The Committee was satisfied that DAUGHTRY BROMAC was denied a fair start.
In relation to the second issue, the Committee was also satisfied that the chances of DAUGHTRY BROMAC were materially prejudiced as a result of being denied a fair start. The Committee accepted Mr Hay’s evidence that the horse had good speed from a mobile start and had drawn well and, therefore, it was his plan to go forward from the start to take advantage of those factors. In the event, he was prevented from doing so as a result of the interference prior to the start and, in the Committee’s view, it is reasonable to infer that the chances of the horse were thereby 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: 2d06699d742cb2984b290dde67cb4b0c
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/05/2013
hearing_title: NZ Metro TC 11 May 2103 - R 12 (request for a ruling)
charge:
facts:
Following the running of Race 12, Westfield Riccarton Mobile Pace, an information requesting a ruling was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, the details of the ruling sought being “as to whether DAUGHTRY BROMAC was denied a fair start” in the race.
Mr J C Hay, the trainer and driver of DAUGHTRY BROMAC, was present at the hearing.
Rule 213 provides 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 McIntyre submitted that a Stipendiary Steward may file an information which seeks a ruling from a Judicial Committee on any matter - Rule 1112 (1).
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed video replays of the start of Race 12, a mobile start event from the 2600 metres start. He pointed out DAUGHTRY BROMAC, driven by Mr Hay, drawn 3 on the front row and MARAVU TWILIGHT (R D Holmes) drawn immediately outside it at 4.
Mr McIntyre said that, just prior to dispatch, MARAVU TWILIGHT had hung inwards and got its near-side sulky wheel inside the line of DAUGHTRY BROMAC and, as a result, Mr Hay on release has not been able to go forward. It was Mr Hay’s intention to go forward but he was denied that option prior to the start through interference from MARAVU TWILIGHT which was hanging in.
Mr Hay said that, 5 or 10 metres before the start, MARAVU TWILIGHT “rolled clean under” his wheel. He confirmed that he had intended going forward from the handy draw but he was “stuck behind the wheel” of MARAVU TWILIGHT and “could not go anywhere”. He said that the wheels were locked for a distance of 100-150 metres. His horse had good gate speed and he believed that the chances of the horse had been affected.
Mr McIntyre confirmed, with reference to the video replays, that Mr Hay was unable to go forward or back. This was clear from the video replays.
The question for the Committee, Mr McIntyre said, was whether this interference prior to the start had materially prejudiced the chances of DAUGHTRY BROMAC.
reasonsfordecision:
The Committee was required to address two matters. Firstly, was DAUGHTRY BROMAC denied a fair start and, secondly, did that occurrence materially prejudice the chances of that horse?
In relation to the first issue, the Committee was satisfied that DAUGHTRY BROMAC did suffer interference prior to the start as a result of MARAVU TWILIGHT hanging in and causing the former to lock wheels with it. It is relevant that this interference occurred before the start. This would have justified the starter sounding a recall but, of course, in this case the starter could not be expected to have been aware of the problem. This interference was significant as it prevented Mr Hay from driving the horse out of the gate. Instead, it settled beyond mid-field. The Committee was satisfied that DAUGHTRY BROMAC was denied a fair start.
In relation to the second issue, the Committee was also satisfied that the chances of DAUGHTRY BROMAC were materially prejudiced as a result of being denied a fair start. The Committee accepted Mr Hay’s evidence that the horse had good speed from a mobile start and had drawn well and, therefore, it was his plan to go forward from the start to take advantage of those factors. In the event, he was prevented from doing so as a result of the interference prior to the start and, in the Committee’s view, it is reasonable to infer that the chances of the horse were thereby materially prejudiced.
Decision:
The Committee ruled that Horse No. 3, DAUGHTRY BROMAC, be declared a late scratching from the race. It was ordered that all investments on that horse be refunded.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: J C Hay, Licensed Open Horseman
Respondent:
StipendSteward: N G McIntyre, Co-Chief Stipendiary Steward
raceid: 28d80fad7b7525c8925b6e13273935c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 14694b655e5e444c134d2472ed9a035e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2013
meet_title: NZ Metro TC - 11 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC