Oamaru HRC 20 January 2013 – R 12 (request for a ruling)
ID: JCA12425
Meet Title:
Oamaru HRC - 20 January 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/01/20
Race Number:
R 12
Decision:
In these circumstances we are not satisfied that THE BLACK was denied a fair start and therefore we do not believe the horse should be declared to be a late scratching. We rule accordingly.
Facts:
Mr Ydgren requested a ruling pursuant to r 1112(1) as to whether the stipendiary stewards should rule that THE BLACK (Mr B Kerr) had been denied a fair start due to interference received in the score-up.
The relevant rule is 213(1). This rule states:
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.
Submissions for Decision:
Mr Ydgren demonstrated on the videos that CULLENS SPIRIT, Mr D Dunn, hung early in the score up and his cart came into contact with the off hind leg of THE BLACK. THE BLACK galloped for 2 or 3 strides, losing ½ a length to a length, before settling back into a pace. When the field was let go THE BLACK was a length off the gate. Some 40 to 50 metres after the start THE BLACK galloped. Mr Ydgren stated that in his opinion there was always a gap behind the mobile for THE BLACK to progress into had the horse’s manner permitted or had Mr Kerr so elected.
Mr Kerr said that the THE BLACK was always pacing roughly after it broke and the horse never felt comfortable. It was never relaxed and he pointed out CULLENS SPIRIT had hung in briefly a second time. He said the chances of THE BLACK had been affected by the interference from CULLENS SPIRIT, although he acknowledged that this was early in the score up. He said he had been unable to correctly position his horse behind the arm because it was pacing so roughly after the initial interference. He said THE BLACK was never the same horse after it had received the interference.
Mr Lamb said he was aware THE BLACK had received interference from CULLENS SPIRIT early in the score-up but he was of the view that Mr Kerr had had every opportunity to position THE BLACK, which was pacing, back into its rightful spot. He said there was a clear space available to THE BLACK and that he was yelling to Mr Kerr to come up. He added that the horse had galloped free of interference after the start.
Reasons for Decision:
We are satisfied that THE BLACK did suffer interference from CULLENS SPIRIT early in the score-up behind the mobile. However, after galloping briefly, THE BLACK came back down pacing and was pacing immediately before and at the start of the race. THE BLACK’s rightful position was clearly available to Mr Kerr, and the starter, Mr Lamb, was yelling to him to move up into it. The horse had the opportunity, had its manners permitted, to take its place correctly behind the mobile rather than being about a length behind at dispatch.
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: 5ab1b929aae61637cda655b18f523ed3
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2013
hearing_title: Oamaru HRC 20 January 2013 - R 12 (request for a ruling)
charge:
facts:
Mr Ydgren requested a ruling pursuant to r 1112(1) as to whether the stipendiary stewards should rule that THE BLACK (Mr B Kerr) had been denied a fair start due to interference received in the score-up.
The relevant rule is 213(1). This rule states:
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren demonstrated on the videos that CULLENS SPIRIT, Mr D Dunn, hung early in the score up and his cart came into contact with the off hind leg of THE BLACK. THE BLACK galloped for 2 or 3 strides, losing ½ a length to a length, before settling back into a pace. When the field was let go THE BLACK was a length off the gate. Some 40 to 50 metres after the start THE BLACK galloped. Mr Ydgren stated that in his opinion there was always a gap behind the mobile for THE BLACK to progress into had the horse’s manner permitted or had Mr Kerr so elected.
Mr Kerr said that the THE BLACK was always pacing roughly after it broke and the horse never felt comfortable. It was never relaxed and he pointed out CULLENS SPIRIT had hung in briefly a second time. He said the chances of THE BLACK had been affected by the interference from CULLENS SPIRIT, although he acknowledged that this was early in the score up. He said he had been unable to correctly position his horse behind the arm because it was pacing so roughly after the initial interference. He said THE BLACK was never the same horse after it had received the interference.
Mr Lamb said he was aware THE BLACK had received interference from CULLENS SPIRIT early in the score-up but he was of the view that Mr Kerr had had every opportunity to position THE BLACK, which was pacing, back into its rightful spot. He said there was a clear space available to THE BLACK and that he was yelling to Mr Kerr to come up. He added that the horse had galloped free of interference after the start.
reasonsfordecision:
We are satisfied that THE BLACK did suffer interference from CULLENS SPIRIT early in the score-up behind the mobile. However, after galloping briefly, THE BLACK came back down pacing and was pacing immediately before and at the start of the race. THE BLACK’s rightful position was clearly available to Mr Kerr, and the starter, Mr Lamb, was yelling to him to move up into it. The horse had the opportunity, had its manners permitted, to take its place correctly behind the mobile rather than being about a length behind at dispatch.
Decision:
In these circumstances we are not satisfied that THE BLACK was denied a fair start and therefore we do not believe the horse should be declared to be a late scratching. We rule accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 213
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B Kerr - Open Horseman, Mr P Lamb - Starter
Respondent:
StipendSteward: Mr N Ydgren - Stipendiary Steward
raceid: c5b47e1ee457a4aedc0cb41048d20444
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 64c80284c29976355b95a71059c8642c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2013
meet_title: Oamaru HRC - 20 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Oamaru HRC