Poverty Bay TC 6 November 2011 – R 9 (Request for a Ruling)
ID: JCA14921
Code:
Thoroughbred
Meet Title:
Poverty Bay TC - 6 November 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
TCastles
Race Date:
2011/11/06
Race Number:
R9
Decision:
The Committee, having considered all the information brought before it rules that the horse "My Spirited Star" is ineligible to start in Race 9 at the Poverty Bay Turf Club Meeting on Sunday 6 November 2011.
Facts:
Prior to the commencement of racing on Sunday 6 November 2011 Stipendiary Steward Mr J Oatham sought a ruling from the Judicial Committee that Horse No 3 in Race 9 "My Spirited Star" be ruled ineligible to start under the provisions of Rule 631(7).
Rule 631(7) states:- "In the case of a horse which has behaved in an unruly or fractious manner prior to the start of or during a race the Stipendiary Steward may ban such horse from being entered for or strarted in a race until the horse or its Trainer has complied with such conditions as the Stipendiary Stewards specify".
Prior to the hearing commencing Mr Oatham stated that despite several requests having been made to Mr Cameron to attend the hearing he had refused to do so. The Committee chose to commence the hearing without Mr Cameron present. However, 3 minutes into the hearing Mr Cameron appeared. Matters raised during the initial 3 minute period were described a second time for Mr Cameron's benefit.
Submissions for Decision:
Mr Oatham said that "My Spirited Star" had raced in race 10 on the first day of the Poverty Bay Turf Club's meeting on Friday 4 November 2011. When the Stewards were reviewing the film of the race they noticed the horse racing in an unruly manner. When speaking to jockey Mr C Grylls who rode the horse Mr Grylls said the horse had hung badly during the race and had proved to be a difficult and at times a dangerous ride. Based on those facts the Stewards decided the horse could not race again until it had trialled to the satisfaction of the Stewards and Mr B Bateup, Assistant Stipendiary Steward at the meeting advised Mr Cameron of that fact after race 10 on 4 November. Mr Oatham said that Mr Cameron was not happy with the decision and asked to see the film of the race. He was shown the film and told the reasons why the horse was now required to trial to the satisfaction of the stewards. He said Mr Cameron was not happy with the decision and also told it could not be changed. Mr Oatham said Mr Cameron had made some comments that the Stipendiary Stewards should now scratch the horse but he was advised that was his responsibility. Mr Oatham confirmed the Stipendiary Steward's report for the meeting of 4 November publicised the fact that the horse could not race again until it had trialled to the satisfaction of the stewards.
Mr Oatham said acceptances for the second day of the meeting closed 30 minutes after the last race and had Mr Cameron accepted the decision of the Stewards he could have then withdrawn his horse from its engagement in Race 9 today.
When the acceptances came out on Friday evening (4 November) the Stewards noticed that "My Spirited Star" had not been scratched and when they further checked on the NZTR website on Saturday 5 November the horse had still not been scratched and no jockey had been declared. Mr Oatham said going past the official scratching time of 7.30am today (Sunday 6 November) the horse was still in the field and Jockey B Lammas had been declared to ride.Mr Oatham said that he contacted the Racing Bureau this morning and they confirmed they had contacted Mr Cameron at approximately 7.20am today and asked him about declaring a rider. Whilst he initially said he wasn't going to he was then asked if he was going to scratch the horse and replied he wasn't, asked who was available to ride and then engaged Mr Lammas.
Mr Oatham said he became aware of that fact at around 7.40am and rang Mr Cameron as did Mr Bevege, Racing Investigator for the RIU, but without success. He said because they could not contact Mr Cameron they were reluctant to scratch the horse without first seeking a ruling from the Committee. Mr Oatham confirmed the horse is not eligible to race today.
Mr Oatham said the film of the race on the first day was available should the Committee require to view it. The Committee advised Mr Cameron that it did not intend viewing the film as it was quite properly the role of the Stipendiary Stewards to decide if any horse was ineligible to race.
Mr Cameron said that as he was away from his home he had no access to the internet and initially did not realise the horse was still in the field for today's race. He said when he got the Saturday newspaper he saw the horse was still in the race and decided it was not up to him to scratch the horse because he was not the one who had barred him from racing which is why he remained in the field at 7.30am today. Mr Cameron conceded he made a conscious decision this morning not to scratch the horse and also to engage a jockey. He said he knew the horse could not start but deliberately did it as he was annoyed with everything that had happened and sending the horse back to trial was not going to achieve anything and was a waste of his time and money.
Reasons for Decision:
It is the responsibility of the Stipendiary Stewards to determine if a horse, because of its racing manners, becomes ineligible to start in a race without first trialling to the satisfaction of the Stewards. Whilst the Stewards could have scratched "My Spirited Star" following the realisation that Mr Cameron had not scratched the horse himself, they decided to seek ruling from the Committee on the horse's eligibility to race today because they were unable to contact Mr Cameron and advise him they intended to scratch the horse. The decision of the Committee to declare "My Spirited Star" ineligible is the only decision that can be made as the stewards have determined that the horse's racing manners need to improve.
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: 8c4c2fc70b6b03917728a35ead9da783
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/11/2011
hearing_title: Poverty Bay TC 6 November 2011 - R 9 (Request for a Ruling)
charge:
facts:
Prior to the commencement of racing on Sunday 6 November 2011 Stipendiary Steward Mr J Oatham sought a ruling from the Judicial Committee that Horse No 3 in Race 9 "My Spirited Star" be ruled ineligible to start under the provisions of Rule 631(7).
Rule 631(7) states:- "In the case of a horse which has behaved in an unruly or fractious manner prior to the start of or during a race the Stipendiary Steward may ban such horse from being entered for or strarted in a race until the horse or its Trainer has complied with such conditions as the Stipendiary Stewards specify".
Prior to the hearing commencing Mr Oatham stated that despite several requests having been made to Mr Cameron to attend the hearing he had refused to do so. The Committee chose to commence the hearing without Mr Cameron present. However, 3 minutes into the hearing Mr Cameron appeared. Matters raised during the initial 3 minute period were described a second time for Mr Cameron's benefit.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham said that "My Spirited Star" had raced in race 10 on the first day of the Poverty Bay Turf Club's meeting on Friday 4 November 2011. When the Stewards were reviewing the film of the race they noticed the horse racing in an unruly manner. When speaking to jockey Mr C Grylls who rode the horse Mr Grylls said the horse had hung badly during the race and had proved to be a difficult and at times a dangerous ride. Based on those facts the Stewards decided the horse could not race again until it had trialled to the satisfaction of the Stewards and Mr B Bateup, Assistant Stipendiary Steward at the meeting advised Mr Cameron of that fact after race 10 on 4 November. Mr Oatham said that Mr Cameron was not happy with the decision and asked to see the film of the race. He was shown the film and told the reasons why the horse was now required to trial to the satisfaction of the stewards. He said Mr Cameron was not happy with the decision and also told it could not be changed. Mr Oatham said Mr Cameron had made some comments that the Stipendiary Stewards should now scratch the horse but he was advised that was his responsibility. Mr Oatham confirmed the Stipendiary Steward's report for the meeting of 4 November publicised the fact that the horse could not race again until it had trialled to the satisfaction of the stewards.
Mr Oatham said acceptances for the second day of the meeting closed 30 minutes after the last race and had Mr Cameron accepted the decision of the Stewards he could have then withdrawn his horse from its engagement in Race 9 today.
When the acceptances came out on Friday evening (4 November) the Stewards noticed that "My Spirited Star" had not been scratched and when they further checked on the NZTR website on Saturday 5 November the horse had still not been scratched and no jockey had been declared. Mr Oatham said going past the official scratching time of 7.30am today (Sunday 6 November) the horse was still in the field and Jockey B Lammas had been declared to ride.Mr Oatham said that he contacted the Racing Bureau this morning and they confirmed they had contacted Mr Cameron at approximately 7.20am today and asked him about declaring a rider. Whilst he initially said he wasn't going to he was then asked if he was going to scratch the horse and replied he wasn't, asked who was available to ride and then engaged Mr Lammas.
Mr Oatham said he became aware of that fact at around 7.40am and rang Mr Cameron as did Mr Bevege, Racing Investigator for the RIU, but without success. He said because they could not contact Mr Cameron they were reluctant to scratch the horse without first seeking a ruling from the Committee. Mr Oatham confirmed the horse is not eligible to race today.
Mr Oatham said the film of the race on the first day was available should the Committee require to view it. The Committee advised Mr Cameron that it did not intend viewing the film as it was quite properly the role of the Stipendiary Stewards to decide if any horse was ineligible to race.
Mr Cameron said that as he was away from his home he had no access to the internet and initially did not realise the horse was still in the field for today's race. He said when he got the Saturday newspaper he saw the horse was still in the race and decided it was not up to him to scratch the horse because he was not the one who had barred him from racing which is why he remained in the field at 7.30am today. Mr Cameron conceded he made a conscious decision this morning not to scratch the horse and also to engage a jockey. He said he knew the horse could not start but deliberately did it as he was annoyed with everything that had happened and sending the horse back to trial was not going to achieve anything and was a waste of his time and money.
reasonsfordecision:
It is the responsibility of the Stipendiary Stewards to determine if a horse, because of its racing manners, becomes ineligible to start in a race without first trialling to the satisfaction of the Stewards. Whilst the Stewards could have scratched "My Spirited Star" following the realisation that Mr Cameron had not scratched the horse himself, they decided to seek ruling from the Committee on the horse's eligibility to race today because they were unable to contact Mr Cameron and advise him they intended to scratch the horse. The decision of the Committee to declare "My Spirited Star" ineligible is the only decision that can be made as the stewards have determined that the horse's racing manners need to improve.
Decision:
The Committee, having considered all the information brought before it rules that the horse "My Spirited Star" is ineligible to start in Race 9 at the Poverty Bay Turf Club Meeting on Sunday 6 November 2011.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 631(7)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Cameron - Licensed Trainer, Mr N Goodwin - Stipendiary Steward
Respondent:
StipendSteward: Mr J Oatham - Stipendiary Steward
raceid: 969e3b3b1646a9bd855022f6e89e124f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 917a92749594e3e2a77bf56a1b6068a9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/11/2011
meet_title: Poverty Bay TC - 6 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: poverty-bay-tc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: TCastles
meet_pm2: none
name: Poverty Bay TC