Archive Decision

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NZ Metro TC 2 October 2020 – R 4 (request for a ruling) – Chair, Mr R McKenzie

ID: JCA18209

Stipend Steward:
Mr N M Ydgren - Chief Stipendiary Steward

Information Number:
A13282

Hearing Type:
Request Ruling

Rules:
1109(1)

Meet Title:
NZ Metro TC - 2 October 2020

Meet Chair:
RMcKenzie

Meet Committee Member 1:
OJarvis

Race Date:
2020/10/02

Race Number:
R4

Decision:

The Committee ruled that the decision of the Stewards to declare WITH GRACE a late scratching in the race is upheld.

Facts:

Prior to the running of Race 4, NZB Standardbred Harness Million No.1 Fillies Final Mobile Pace (Listed Race), an information requesting a ruling was filed by Licensed Public Trainer, Mr R J Dunn, trainer of WITH GRACE, an acceptor in the race, on the ground that “WITH GRACE has been scratched by the Vet which Mr Dunn disputes”.

Rule 1109 provides as follows:

(1)-An information requesting a ruling during a race meeting may be filed by:

     (a)-a Stipendiary Steward or Racecourse Inspector; or

     (b)-any other person with the permission of the Judicial Committee.

Mr N M Ydgren, Chief Stipendiary, explained that the horse, WITH GRACE, trained by Mr Dunn, had been scratched by the Stewards on veterinary advice, just prior to the start of the race. Mr Dunn disputed the grounds on which the scratching had been made and requested that the matter be put before the Committee. The Committee gave permission for the filing by Mr Dunn of the information requesting a ruling.

Submissions for Decision:

It was agreed that the procedure for the hearing would be to first hear the evidence of the two veterinary surgeons who had recommended the scratching of WITH GRACE.

Dr A L Corser, Veterinary Surgeon, said that she had been alerted to go to a stall to look at the horse. On inspection, the horse had an ulcer on its left eye. Its presentation was typical of an eye that is painful due to an ulcer – there was tearing present and there was a visible defect in the cornea. It was quite cloudy. Dr Corser said that, in her experience, such horses were usually managed on twice daily anti-inflammatory for a period of time until resolved, usually indicated by an open, comfortable, clear eye, no longer tearing. She said that she believed that Mr Dunn had been told by his own veterinary surgeon that the horse was clear to race and he understood it was fit to race. However, in her opinion, Dr Corser said, the horse was uncomfortable and not fit to race.

Veterinary Surgeon, Dr D L Williamson, said that she first noticed the eye when she took blood off the horse. The eye was closed and it was tearing, she said. When the horse did open its eye when she put the needle in, there was a visible defect. She said that the horse should have been on pain relief and she was concerned for its welfare racing on the grit track.

Mr Dunn said that his very experienced veterinary surgeon, Mr Sam Taylor, had given the horse a clearance to run. It was noticed on Monday morning (4 days earlier), he said, that the horse had a very bad ulcer that was infected. Dr Taylor gave it antibiotics. It has been checked every day since and the condition has improved. The filly has showed no signs of pain or discomfort. Her temperature is perfect as is her behaviour around the stable. It would be no different from her racing in a Murphy Blind, he submitted. She has been worked on the beach and has been perfect, Mr Dunn said. She was closing her eye as that was how she felt best, but it was not worrying her as far as racing tonight is concerned. The filly was showing no signs of discomfort, he said.

Mr N M Ydgren, Chief Stipendiary Steward, acknowledged that Mr Dunn had accepted his own veterinary surgeon’s advice, but the Stewards had to accept the advice of the raceday veterinarians and that was to scratch the filly.

Dr Williamson said, in response to a question from the Committee, that a lot of horses race with one eye but the clinical signs of a pain in the eye are tearing and closing of the eye.

Reasons for Decision:

The evidence of the two raceday veterinary surgeons was unequivocal and compelling and the clear evidence of both was that the horse was unfit to start. Against that, we had Mr Dunn’s hearsay evidence that his veterinarian, Dr Taylor, who had been attending the filly all week, since the condition was noticed on Monday, had declared the horse as being fit to start.

The Committee was persuaded by the evidence of the two raceday veterinarians, both very experienced in the equine field.

There were two aspects of Mr Dunn’s request to consider. First and foremost was the matter of animal welfare, and it was very clear to the Committee that to allow the filly to race would not have been in its best interests as, accepting the evidence of the raceday veterinarians which we do, she would most likely be racing with a painful condition. To a lesser degree, there was the interests of the betting public to consider. The filly could not be expected to turn in an optimum performance if there was any chance that she was suffering from a painful condition.

The Committee noted the provisions of the Animal Welfare Act, endorsed by Harness Racing New Zealand in its Animal Welfare Policy. The purpose of the Act is stated to ensure that the owners of horses and persons in charge of them attend properly to the welfare of those horses. It is an important function of this Committee to ensure that a high standard is upheld. 

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: fb93edda51895d7abc041abce35ce173


informantnumber: A13282


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/10/2020


hearing_title: NZ Metro TC 2 October 2020 - R 4 (request for a ruling) - Chair, Mr R McKenzie


charge:


facts:

Prior to the running of Race 4, NZB Standardbred Harness Million No.1 Fillies Final Mobile Pace (Listed Race), an information requesting a ruling was filed by Licensed Public Trainer, Mr R J Dunn, trainer of WITH GRACE, an acceptor in the race, on the ground that “WITH GRACE has been scratched by the Vet which Mr Dunn disputes”.

Rule 1109 provides as follows:

(1)-An information requesting a ruling during a race meeting may be filed by:

     (a)-a Stipendiary Steward or Racecourse Inspector; or

     (b)-any other person with the permission of the Judicial Committee.

Mr N M Ydgren, Chief Stipendiary, explained that the horse, WITH GRACE, trained by Mr Dunn, had been scratched by the Stewards on veterinary advice, just prior to the start of the race. Mr Dunn disputed the grounds on which the scratching had been made and requested that the matter be put before the Committee. The Committee gave permission for the filing by Mr Dunn of the information requesting a ruling.


appealdecision:


isappeal:


submissionsfordecision:

It was agreed that the procedure for the hearing would be to first hear the evidence of the two veterinary surgeons who had recommended the scratching of WITH GRACE.

Dr A L Corser, Veterinary Surgeon, said that she had been alerted to go to a stall to look at the horse. On inspection, the horse had an ulcer on its left eye. Its presentation was typical of an eye that is painful due to an ulcer – there was tearing present and there was a visible defect in the cornea. It was quite cloudy. Dr Corser said that, in her experience, such horses were usually managed on twice daily anti-inflammatory for a period of time until resolved, usually indicated by an open, comfortable, clear eye, no longer tearing. She said that she believed that Mr Dunn had been told by his own veterinary surgeon that the horse was clear to race and he understood it was fit to race. However, in her opinion, Dr Corser said, the horse was uncomfortable and not fit to race.

Veterinary Surgeon, Dr D L Williamson, said that she first noticed the eye when she took blood off the horse. The eye was closed and it was tearing, she said. When the horse did open its eye when she put the needle in, there was a visible defect. She said that the horse should have been on pain relief and she was concerned for its welfare racing on the grit track.

Mr Dunn said that his very experienced veterinary surgeon, Mr Sam Taylor, had given the horse a clearance to run. It was noticed on Monday morning (4 days earlier), he said, that the horse had a very bad ulcer that was infected. Dr Taylor gave it antibiotics. It has been checked every day since and the condition has improved. The filly has showed no signs of pain or discomfort. Her temperature is perfect as is her behaviour around the stable. It would be no different from her racing in a Murphy Blind, he submitted. She has been worked on the beach and has been perfect, Mr Dunn said. She was closing her eye as that was how she felt best, but it was not worrying her as far as racing tonight is concerned. The filly was showing no signs of discomfort, he said.

Mr N M Ydgren, Chief Stipendiary Steward, acknowledged that Mr Dunn had accepted his own veterinary surgeon’s advice, but the Stewards had to accept the advice of the raceday veterinarians and that was to scratch the filly.

Dr Williamson said, in response to a question from the Committee, that a lot of horses race with one eye but the clinical signs of a pain in the eye are tearing and closing of the eye.


reasonsfordecision:

The evidence of the two raceday veterinary surgeons was unequivocal and compelling and the clear evidence of both was that the horse was unfit to start. Against that, we had Mr Dunn’s hearsay evidence that his veterinarian, Dr Taylor, who had been attending the filly all week, since the condition was noticed on Monday, had declared the horse as being fit to start.

The Committee was persuaded by the evidence of the two raceday veterinarians, both very experienced in the equine field.

There were two aspects of Mr Dunn’s request to consider. First and foremost was the matter of animal welfare, and it was very clear to the Committee that to allow the filly to race would not have been in its best interests as, accepting the evidence of the raceday veterinarians which we do, she would most likely be racing with a painful condition. To a lesser degree, there was the interests of the betting public to consider. The filly could not be expected to turn in an optimum performance if there was any chance that she was suffering from a painful condition.

The Committee noted the provisions of the Animal Welfare Act, endorsed by Harness Racing New Zealand in its Animal Welfare Policy. The purpose of the Act is stated to ensure that the owners of horses and persons in charge of them attend properly to the welfare of those horses. It is an important function of this Committee to ensure that a high standard is upheld. 


Decision:

The Committee ruled that the decision of the Stewards to declare WITH GRACE a late scratching in the race is upheld.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: 1109(1)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Dr A L Corser, Dr D L Williamson, Mr R J Dunn - Licensed Public Trainer


Respondent:


StipendSteward: Mr N M Ydgren - Chief Stipendiary Steward


raceid: 904db0eed6dbaf5b4e2c95ea9060cb8e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 597cac1a6e3c130fd5ee4f67625bc0b5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/10/2020


meet_title: NZ Metro TC - 2 October 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: OJarvis


meet_pm2: none


name: NZ Metro TC