NZ Metro TC 3 June 2011 – R5
ID: JCA17538
Meet Title:
NZ Metro TC - 3 June 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/06/03
Race Number:
R5
Decision:
The Committee ruled that horse No.11, AZIZA, had been denied a fair start and it was ordered that it be scratched from the race.
It was further ordered that dividends for the race be amended accordingly.
Facts:
Following the running of Race 5, Tandem Smash Repairs – Australasian Young Drivers Championship (Heat 5) Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, requesting a ruling under Rule 213 (j) as to “whether AZIZA (N Ford) was denied a fair start”.
Licensed Junior Driver, Mr Nathan Ford, was present at the hearing of the information as was Mrs G S Chmiel, co-trainer of AZIZA.
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 any of the following grounds:-
(j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse.
Submissions for Decision:
Mrs Williams said that AZIZA was known to the Stewards as having poor barrier manners and these played a large part in what happened at the start of the race. AZIZA did not get to the start and took no part in the race, she said.
Mrs Williams showed a video replay of the field prior to the start of the race, a mobile start event over 1950 metres. The horse had drawn barrier 2 on the second row. As the horse walked around, he was expecting to go to the right of the horses on the front row. However, the horse in front of him, HOLLY VALANCE, began to rear up and, Mr Ford advised the Stewards, had taken the line that he intended taking forcing him to turn in the other direction and make another full circle. The horse then refused to go despite the urgings of Mr Ford and took no part in the start. Mr Ford had told the Stewards that, if he had not been forced to turn right and circle a further time, the horse would have taken part in the race.
Mrs Williams submitted that, notwithstanding those matters, the Stewards believed that a large part of what happened was down to the horse’s manners. She said that something had happened that resulted in the driver not being able to go in the direction he wanted and, hence, the request for a ruling.
Mr Ford said that he should never have been put in the position where he was forced to turn round the opposite way. He said that he had not driven the horse previously. When he had turned round, the whole field had gone and he did not want to “bash” it to catch up. He put his hand up, calling for a false start, he said. The horse had done everything right in the preliminary and at the start until the other horse reared up and forced him to turn around. He submitted that he had thereby been denied a fair start.
Mrs Chmiel said that, from her vantage point at the start, the horse clearly did receive interference, forcing Mr Ford to take a different course of action. She said that having to walk round the extra time had cost the horse a fair start in her view. She admitted that the mare had had barrier problems but only once or twice and these were some time ago, earlier in her career. Mrs Chmiel said that AZIZA had to be following another horse, which she was doing until she received the interference. She could not recall the mare previously making a mistake or refusing to go from a second row draw. She would normally go with the barrier, Mrs Chmiel said. The mare’s behaviour on this occasion was out of character, she submitted.
Mr Ford submitted that it was not the fault of the horse that she had to go the other way – it was the fault of HOLLY VALANCE rearing in front of her.
Reasons for Decision:
There was a conflict of evidence before the Committee as to the barrier manners of AZIZA and the extent, if any, to which her barrier manners had contributed to her refusing to leave the start point with the rest of the field. It was difficult for the Committee to determine this issue on the evidence before it.
The Committee viewed the video replay carefully and it was clear from the video replay that AZIZA had been hampered by the rearing horse, HOLLY VALANCE, as the field was walking up behind the mobile gate. Mr Ford was forced to circle her around a further time. The Committee saw nothing from the video that indicated that AZIZA was not going to walk up normally and in her correct barrier position. Mr Ford’s evidence to the Committee confirmed that.
The Committee was satisfied that, notwithstanding that AZIZA may have had barrier issues on occasions, on this occasion she received significant interference from HOLLY VALANCE prior to the start resulting in the field leaving without her and her taking no part
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: eec0762c6bea49170dc489be8a41dd72
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/05/2011
hearing_title: NZ Metro TC 3 June 2011 - R5
charge:
facts:
Following the running of Race 5, Tandem Smash Repairs – Australasian Young Drivers Championship (Heat 5) Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, requesting a ruling under Rule 213 (j) as to “whether AZIZA (N Ford) was denied a fair start”.
Licensed Junior Driver, Mr Nathan Ford, was present at the hearing of the information as was Mrs G S Chmiel, co-trainer of AZIZA.
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 any of the following grounds:-
(j) if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams said that AZIZA was known to the Stewards as having poor barrier manners and these played a large part in what happened at the start of the race. AZIZA did not get to the start and took no part in the race, she said.
Mrs Williams showed a video replay of the field prior to the start of the race, a mobile start event over 1950 metres. The horse had drawn barrier 2 on the second row. As the horse walked around, he was expecting to go to the right of the horses on the front row. However, the horse in front of him, HOLLY VALANCE, began to rear up and, Mr Ford advised the Stewards, had taken the line that he intended taking forcing him to turn in the other direction and make another full circle. The horse then refused to go despite the urgings of Mr Ford and took no part in the start. Mr Ford had told the Stewards that, if he had not been forced to turn right and circle a further time, the horse would have taken part in the race.
Mrs Williams submitted that, notwithstanding those matters, the Stewards believed that a large part of what happened was down to the horse’s manners. She said that something had happened that resulted in the driver not being able to go in the direction he wanted and, hence, the request for a ruling.
Mr Ford said that he should never have been put in the position where he was forced to turn round the opposite way. He said that he had not driven the horse previously. When he had turned round, the whole field had gone and he did not want to “bash” it to catch up. He put his hand up, calling for a false start, he said. The horse had done everything right in the preliminary and at the start until the other horse reared up and forced him to turn around. He submitted that he had thereby been denied a fair start.
Mrs Chmiel said that, from her vantage point at the start, the horse clearly did receive interference, forcing Mr Ford to take a different course of action. She said that having to walk round the extra time had cost the horse a fair start in her view. She admitted that the mare had had barrier problems but only once or twice and these were some time ago, earlier in her career. Mrs Chmiel said that AZIZA had to be following another horse, which she was doing until she received the interference. She could not recall the mare previously making a mistake or refusing to go from a second row draw. She would normally go with the barrier, Mrs Chmiel said. The mare’s behaviour on this occasion was out of character, she submitted.
Mr Ford submitted that it was not the fault of the horse that she had to go the other way – it was the fault of HOLLY VALANCE rearing in front of her.
reasonsfordecision:
There was a conflict of evidence before the Committee as to the barrier manners of AZIZA and the extent, if any, to which her barrier manners had contributed to her refusing to leave the start point with the rest of the field. It was difficult for the Committee to determine this issue on the evidence before it.
The Committee viewed the video replay carefully and it was clear from the video replay that AZIZA had been hampered by the rearing horse, HOLLY VALANCE, as the field was walking up behind the mobile gate. Mr Ford was forced to circle her around a further time. The Committee saw nothing from the video that indicated that AZIZA was not going to walk up normally and in her correct barrier position. Mr Ford’s evidence to the Committee confirmed that.
The Committee was satisfied that, notwithstanding that AZIZA may have had barrier issues on occasions, on this occasion she received significant interference from HOLLY VALANCE prior to the start resulting in the field leaving without her and her taking no part
Decision:
The Committee ruled that horse No.11, AZIZA, had been denied a fair start and it was ordered that it be scratched from the race.
It was further ordered that dividends for the race be amended accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213 (1) (j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: N Ford, Licensed Junior Driver, G S Chmiel, Licensed Public Trainer
Respondent:
StipendSteward: K R Williams
raceid: 119f552b42260a3cc10882dfe6f36955
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fb395bd8d19cfc1be07b859dd55a36ea
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2011
meet_title: NZ Metro TC - 3 June 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC