NZ Metro TC 30 September 2011 – R 4 (request for ruling)
ID: JCA16752
Meet Title:
NZ Metro TC - 30 September 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/09/30
Race Number:
R4
Decision:
The Committee ruled that ELATION FRANCO be declared a late scratching from the race.
Facts:
Following the running of Race 4, Avon City Ford Unveils New Smart Design FG Falcon Mk II Handicap Pace, an information by way of a request for a ruling was filed by Stipendiary Steward, Mr N G McIntyre, seeking a ruling “as to whether ELATION FRANCO was denied a fair start when impeded at the start by SAMARIAS BROMAC”.
Mr S P Walkinshaw, Licensed Open Driver, driver of ELATION FRANCO was present at the hearing of the information and he indicated that he was representing the connections of ELATION FRANCO.
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.
Rule 1112 provides as follows:
(1) The following persons may file with the Registrar of a Judicial Committee an information to which there is no defendant but which seeks a ruling from the Judicial Committee on a matter referred to in the information:-
(a) a Stipendiary Steward.
(4) The Judicial Committee may rule on the matter referred to in any such information and its ruling shall, subject to an Appeals Tribunal, be binding on all persons and others to
Submissions for Decision:
Mr McIntyre said that, as the start was effected, it appeared that SAMARIAS BROMAC was standing in the path of ELATION FRANCO which had paced away but galloped shortly thereafter. The Stewards believed that ELATION FRANCO was unable to take up its rightful position at the start and, therefore, was denied a fair start. It was for the Committee to rule on whether the chances of the horse were materially prejudiced, Mr McIntyre said.
Mr McIntyre showed a video replay of the start of the race, a standing start over 2600 metres. The three horses concerned were PAY ME CULLEN, ELATION FRANCO and SAMARIAS BROMAC, drawn 1, 2 and 3 respectively on the 10 metres.
Mr Walkinshaw claimed that he had been denied a fair start. He said that he was back half a length and SAMARIAS BROMAC was in his path. When the tapes were released there was nowhere for his mare to go and she had panicked and galloped. She had been unable to “step away”.
Referring to the video replay, Mr McIntyre said that as the start was effected SAMARIAS BROMAC was “standing across” ELATION FRANCO and, shortly after the start, the latter horse paced for a couple of strides and then broke, losing considerable ground in doing so. ELATION FRANCO had been unable to get into position. PAY ME CULLEN, on its inside, had its head round and SAMARIAS BROMAC, on its outside stood across its path. It was clear that ELATION FRANCO had been unable to take up its correct position, Mr McIntyre said.
Mr P C Lamb, the starter, said that Mr Walkinshaw had assumed his rightful position, but a little back from the barrier. When the field began to line up, the horse drawn 5 on the 10 metres had backed away slightly and required attention, he said. By this time, SAMARIAS BROMAC had gone across in front of ELATION FRANCO. From his vantage point, it did not look as bad as it did in the head-on video replay. Mr Lamb said that, in his opinion, if Mr Walkinshaw had been right up in his correct position it, would not have happened. However, Mr Lamb acknowledged, in response to a comment by Mr Walkinshaw, that drivers had been told to stay back from the tapes as the wind was blowing them. Mr Lamb agreed that the head-on video suggested that ELATION FRANCO had been denied a fair start.
Reasons for Decision:
The Committee was satisfied, firstly, that ELATION FRANCO had been denied a fair start. Mr Walkinshaw’s evidence was quite compelling and was supported by the video evidence and also the evidence of Mr Lamb, an experienced starter, and also by Mr McIntyre. The Committee found that SAMARIAS BROMAC was standing facing the inside of the track and directly in the path of ELATION FRANCO immediately on its inside, The result of this was that, when the tapes were released, ELATION FRANCO was denied the opportunity to step forward from its mark and, therefore, was denied a fair start in the race.
The second issue for the Committee to determine was whether, as a consequence of its being denied a fair start, the chances of ELATION FRANCO were materially prejudiced. The mare had galloped after pacing for a couple of strides and we accept the evidence of Mr Walkinshaw that she had panicked when SAMARIAS BROMAC was in her path. ELATION BROMAC lost sufficient ground in a break for the Committee to be satisfied that her chances were materially prejudiced as a result of being denied a fair start.
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: dba5856d5cbaf454870f23c6470d1004
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/09/2011
hearing_title: NZ Metro TC 30 September 2011 - R 4 (request for ruling)
charge:
facts:
Following the running of Race 4, Avon City Ford Unveils New Smart Design FG Falcon Mk II Handicap Pace, an information by way of a request for a ruling was filed by Stipendiary Steward, Mr N G McIntyre, seeking a ruling “as to whether ELATION FRANCO was denied a fair start when impeded at the start by SAMARIAS BROMAC”.
Mr S P Walkinshaw, Licensed Open Driver, driver of ELATION FRANCO was present at the hearing of the information and he indicated that he was representing the connections of ELATION FRANCO.
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.
Rule 1112 provides as follows:
(1) The following persons may file with the Registrar of a Judicial Committee an information to which there is no defendant but which seeks a ruling from the Judicial Committee on a matter referred to in the information:-
(a) a Stipendiary Steward.
(4) The Judicial Committee may rule on the matter referred to in any such information and its ruling shall, subject to an Appeals Tribunal, be binding on all persons and others to
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre said that, as the start was effected, it appeared that SAMARIAS BROMAC was standing in the path of ELATION FRANCO which had paced away but galloped shortly thereafter. The Stewards believed that ELATION FRANCO was unable to take up its rightful position at the start and, therefore, was denied a fair start. It was for the Committee to rule on whether the chances of the horse were materially prejudiced, Mr McIntyre said.
Mr McIntyre showed a video replay of the start of the race, a standing start over 2600 metres. The three horses concerned were PAY ME CULLEN, ELATION FRANCO and SAMARIAS BROMAC, drawn 1, 2 and 3 respectively on the 10 metres.
Mr Walkinshaw claimed that he had been denied a fair start. He said that he was back half a length and SAMARIAS BROMAC was in his path. When the tapes were released there was nowhere for his mare to go and she had panicked and galloped. She had been unable to “step away”.
Referring to the video replay, Mr McIntyre said that as the start was effected SAMARIAS BROMAC was “standing across” ELATION FRANCO and, shortly after the start, the latter horse paced for a couple of strides and then broke, losing considerable ground in doing so. ELATION FRANCO had been unable to get into position. PAY ME CULLEN, on its inside, had its head round and SAMARIAS BROMAC, on its outside stood across its path. It was clear that ELATION FRANCO had been unable to take up its correct position, Mr McIntyre said.
Mr P C Lamb, the starter, said that Mr Walkinshaw had assumed his rightful position, but a little back from the barrier. When the field began to line up, the horse drawn 5 on the 10 metres had backed away slightly and required attention, he said. By this time, SAMARIAS BROMAC had gone across in front of ELATION FRANCO. From his vantage point, it did not look as bad as it did in the head-on video replay. Mr Lamb said that, in his opinion, if Mr Walkinshaw had been right up in his correct position it, would not have happened. However, Mr Lamb acknowledged, in response to a comment by Mr Walkinshaw, that drivers had been told to stay back from the tapes as the wind was blowing them. Mr Lamb agreed that the head-on video suggested that ELATION FRANCO had been denied a fair start.
reasonsfordecision:
The Committee was satisfied, firstly, that ELATION FRANCO had been denied a fair start. Mr Walkinshaw’s evidence was quite compelling and was supported by the video evidence and also the evidence of Mr Lamb, an experienced starter, and also by Mr McIntyre. The Committee found that SAMARIAS BROMAC was standing facing the inside of the track and directly in the path of ELATION FRANCO immediately on its inside, The result of this was that, when the tapes were released, ELATION FRANCO was denied the opportunity to step forward from its mark and, therefore, was denied a fair start in the race.
The second issue for the Committee to determine was whether, as a consequence of its being denied a fair start, the chances of ELATION FRANCO were materially prejudiced. The mare had galloped after pacing for a couple of strides and we accept the evidence of Mr Walkinshaw that she had panicked when SAMARIAS BROMAC was in her path. ELATION BROMAC lost sufficient ground in a break for the Committee to be satisfied that her chances were materially prejudiced as a result of being denied a fair start.
Decision:
The Committee ruled that ELATION FRANCO be declared a late scratching from the race.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213(1)(j)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: S P Walkinshaw, Licensed Open Horseman
Respondent:
StipendSteward: N G McIntyre, Stipendiary Steward
raceid: 295c173f82485b651c4fc07fc9ba0a65
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: 0a845fc79017106e151d29921307422d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2011
meet_title: NZ Metro TC - 30 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC