NZ Metro TC – 26 January 2010 – Race 1
ID: JCA19168
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 26 January 2010
Race Date:
2010/01/26
Race Number:
Race 1
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 40127 (Request for a Ruling)
--Meeting New Zealand Metropolitan Trotting Club
--Date 26 January 2010
--Venue Addington Raceway
--Race 1 Christian Cullen Mobile Pace
--Rules 1112 and 213(1)(j)
--Judicial Chairman: J. M. Phelan, Committee J. Millar
--Appearing Stipendiary Steward Mr S. P. Renault
Mr R. J. Butt – Junior Horseman (assisted by Mr B. A. Lilley – Licensed Trainer
REQUEST FOR A RULING:
Stipendiary Steward Mr S. P. Renault has requested a ruling from this Committee as to whether “By Appointment” (8), which finished 6th in race 1, the Christian Cullen Mobile Pace, 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 there was any interference inflicted onto By Appointment prior to the start and whether that interference caused this horse to be denied a fair start.”
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 40127 (Request for a Ruling)
--Meeting New Zealand Metropolitan Trotting Club
--Date 26 January 2010
--Venue Addington Raceway
--Race 1 Christian Cullen Mobile Pace
--Rules 1112 and 213(1)(j)
--Judicial Chairman: J. M. Phelan, Committee J. Millar
--Appearing Stipendiary Steward Mr S. P. Renault
Mr R. J. Butt – Junior Horseman (assisted by Mr B. A. Lilley – Licensed Trainer
REQUEST FOR A RULING:
Stipendiary Steward Mr S. P. Renault has requested a ruling from this Committee as to whether “By Appointment” (8), which finished 6th in race 1, the Christian Cullen Mobile Pace, 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 there was any interference inflicted onto By Appointment prior to the start and whether that interference caused this horse to be denied a fair 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 R. J. Butt, the driver of “By Appointment”, and Mr B. J. Lilley the trainer of that horse were present at the hearing.
--Also present were Mr R. W. Todd, the driver of “Anitagain” (9), and Mr P. R. Lamb, the Starter.
--This was a mobile start 1950 metre event. Video coverage was used to show that “By Appointment” had drawn 8 of 9 horses on the front line. On nearing the 2000 metre mark, about 50 metres before the starting point, “By Appointment” was close up on the mobile arm, at which time it broke from its gait losing its chance.
--Mr R. J. Butt gave evidence that his horse was up close to the mobile arm when it flicked back and hit his horse causing it to break. Mr R. W. Todd, the driver of “Anitagain” (9) also said that the mobile arm flicked back and that this movement also affected his horse, which broke for a stride or two before regaining its gait. Mr Todd’s horse was unaffected by this incident, and won the race.
--Mr Lilley also expressed the opinion that his horse had been denied a fair start because of this incident, and that it had been caused by movement in the mobile arm rather than any fault on the part of the driver or the horse.
--The Stipendiary Stewards’ evidence was that the outside of the mobile arm does move around a little prior to the start, and that on this occasion the problem was most likely due to this. It was also the evidence of the Stipendiary Stewards that drivers should be aware of this possibility.
--After hearing the evidence we adjourned to consider our decision on this matter. After reviewing the evidence we were satisfied that “By Appointment” should be late scratched from the race because that horse did not have a fair start and its chances were materially affected. As Race 2 was about to start we returned to the Enquiry Room and advised that our ruling was that “By Appointment” was to be late scratched from the race because that horse did not have a fair start and its chances were materially affected. We also advised that a full written decision would be given later setting out our reasons for this decision.
--Our reasons for the above decision are as follows.
--It was clear from the evidence that the reason “By Appointment” broke from its gait was the movement of the mobile arm. There was no evidence that there was any fault with the horse’s behaviour or in the way Mr Butt drove his horse. Although there was a suggestion that Mr Butt should not have had his horse so close to the mobile arm, we note that most of the other horses were as close as he was.
--The amended places are therefore as follows.
1st – Anitagain (9)
2nd – Caesar’s Cloud (1)
3rd – Rocket Fun (14)
4th – Fletcher Christian (2)
5th – Tallulah Belle (13)
6th – Misty Diamond (6)
J. M. Phelan J. Millar
CHAIR Committee Member
40127
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: 2fede8d9dce464e3494e376419a2bad1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 26/01/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 26 January 2010 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 40127 (Request for a Ruling)
--Meeting New Zealand Metropolitan Trotting Club
--Date 26 January 2010
--Venue Addington Raceway
--Race 1 Christian Cullen Mobile Pace
--Rules 1112 and 213(1)(j)
--Judicial Chairman: J. M. Phelan, Committee J. Millar
--Appearing Stipendiary Steward Mr S. P. Renault
Mr R. J. Butt – Junior Horseman (assisted by Mr B. A. Lilley – Licensed Trainer
REQUEST FOR A RULING:
Stipendiary Steward Mr S. P. Renault has requested a ruling from this Committee as to whether “By Appointment” (8), which finished 6th in race 1, the Christian Cullen Mobile Pace, 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 there was any interference inflicted onto By Appointment prior to the start and whether that interference caused this horse to be denied a fair start.”
--
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 40127 (Request for a Ruling)
--Meeting New Zealand Metropolitan Trotting Club
--Date 26 January 2010
--Venue Addington Raceway
--Race 1 Christian Cullen Mobile Pace
--Rules 1112 and 213(1)(j)
--Judicial Chairman: J. M. Phelan, Committee J. Millar
--Appearing Stipendiary Steward Mr S. P. Renault
Mr R. J. Butt – Junior Horseman (assisted by Mr B. A. Lilley – Licensed Trainer
REQUEST FOR A RULING:
Stipendiary Steward Mr S. P. Renault has requested a ruling from this Committee as to whether “By Appointment” (8), which finished 6th in race 1, the Christian Cullen Mobile Pace, 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 there was any interference inflicted onto By Appointment prior to the start and whether that interference caused this horse to be denied a fair 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 R. J. Butt, the driver of “By Appointment”, and Mr B. J. Lilley the trainer of that horse were present at the hearing.
--Also present were Mr R. W. Todd, the driver of “Anitagain” (9), and Mr P. R. Lamb, the Starter.
--This was a mobile start 1950 metre event. Video coverage was used to show that “By Appointment” had drawn 8 of 9 horses on the front line. On nearing the 2000 metre mark, about 50 metres before the starting point, “By Appointment” was close up on the mobile arm, at which time it broke from its gait losing its chance.
--Mr R. J. Butt gave evidence that his horse was up close to the mobile arm when it flicked back and hit his horse causing it to break. Mr R. W. Todd, the driver of “Anitagain” (9) also said that the mobile arm flicked back and that this movement also affected his horse, which broke for a stride or two before regaining its gait. Mr Todd’s horse was unaffected by this incident, and won the race.
--Mr Lilley also expressed the opinion that his horse had been denied a fair start because of this incident, and that it had been caused by movement in the mobile arm rather than any fault on the part of the driver or the horse.
--The Stipendiary Stewards’ evidence was that the outside of the mobile arm does move around a little prior to the start, and that on this occasion the problem was most likely due to this. It was also the evidence of the Stipendiary Stewards that drivers should be aware of this possibility.
--After hearing the evidence we adjourned to consider our decision on this matter. After reviewing the evidence we were satisfied that “By Appointment” should be late scratched from the race because that horse did not have a fair start and its chances were materially affected. As Race 2 was about to start we returned to the Enquiry Room and advised that our ruling was that “By Appointment” was to be late scratched from the race because that horse did not have a fair start and its chances were materially affected. We also advised that a full written decision would be given later setting out our reasons for this decision.
--Our reasons for the above decision are as follows.
--It was clear from the evidence that the reason “By Appointment” broke from its gait was the movement of the mobile arm. There was no evidence that there was any fault with the horse’s behaviour or in the way Mr Butt drove his horse. Although there was a suggestion that Mr Butt should not have had his horse so close to the mobile arm, we note that most of the other horses were as close as he was.
--The amended places are therefore as follows.
1st – Anitagain (9)
2nd – Caesar’s Cloud (1)
3rd – Rocket Fun (14)
4th – Fletcher Christian (2)
5th – Tallulah Belle (13)
6th – Misty Diamond (6)
J. M. Phelan J. Millar
CHAIR Committee Member
40127
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 213.1.j, 1112.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a430231ff3f1e683815ac96b01aead7f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a82dc9145e0d537747500c8d921d2667
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2010
meet_title: NZ Metro TC - 26 January 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC