South Canterbury RC 28 December 2011 – R 4 (request for a ruling)
ID: JCA13901
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/12/28
Race Number:
R 4
Decision:
On resuming the hearing we advised the parties of our decision that “Patrice” should not be allowed to start in race 4.
Facts:
Prior to the running of Race 4, the D’Cash Dash, an information requesting a ruling was filed by Stipendiary Steward Mr A. L. Ray as to whether “Patrice” (5) should be allowed to start in that race.
The information reads as follows.
“I the abovenamed informant seek a ruling in relation to Rule 209(1)(a) and (2) from the Judicial Committee (as to) whether Patrice should be allowed to start in Race 4 after becoming loose earlier in the day from the stabling area and travelling some distance from the course.”
Rules 209(1)(a) and (2) read as follows.
“(1) Stipendiary Stewards and Investigators may scratch from a Race, or declare ineligible to start in a Race until a specific condition is met, any horse on any reasonable grounds including but not limited to:
(a) That the horse is not in a fit condition or state to race;
(2) A dispute as to the exercise or proposed exercise of a Stipendiary Steward’s or Investigator’s power pursuant to sub-Rule (1) hereof may be referred to the Judicial Committee for final determination provided:”
Neither of the provisos contained in Rules 209(2)(a) and (b) applied in this case.
Submissions for Decision:
Mr Ray gave evidence that after “Patrice” got loose from the course it was caught in Washdyke and about 4 kms from the course. After being returned to the course by Trainer Mr N. W. Coulbeck it was checked by the Racing Club’s Veterinary Surgeon who could find no abnormalities. Mr Ray submitted that because of this incident the Stipendiary Stewards believed it would be unwise to allow the horse to start.
Mr Coulbeck gave evidence that his Vet had also checked the horse and also found no abnormalities. He submitted that the horse should be allowed to start. It was established that “Patrice” was a 3yo gelding which had raced five times previously.
We adjourned to consider our decision.
Reasons for Decision:
After reviewing the evidence we were satisfied that “Patrice” was a young horse which had travelled a considerable distance along a busy highway before being re-captured. We did not know the details of what happened during this time, but assume that “Patrice” would have exerted itself greatly. We were satisfied that it would be unwise to allow it to start, as we could not be confident that it would perform at its best. At the forefront of our concerns were the persons who had invested on the horse.
Taking all these matters into account we were satisfied that the decision by the Stipendiary Stewards not to allow “Patrice” to start was the correct one.
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: 7e257a0de4a04f4fee9eac3612591d49
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: South Canterbury RC 28 December 2011 - R 4 (request for a ruling)
charge:
facts:
Prior to the running of Race 4, the D’Cash Dash, an information requesting a ruling was filed by Stipendiary Steward Mr A. L. Ray as to whether “Patrice” (5) should be allowed to start in that race.
The information reads as follows.
“I the abovenamed informant seek a ruling in relation to Rule 209(1)(a) and (2) from the Judicial Committee (as to) whether Patrice should be allowed to start in Race 4 after becoming loose earlier in the day from the stabling area and travelling some distance from the course.”
Rules 209(1)(a) and (2) read as follows.
“(1) Stipendiary Stewards and Investigators may scratch from a Race, or declare ineligible to start in a Race until a specific condition is met, any horse on any reasonable grounds including but not limited to:
(a) That the horse is not in a fit condition or state to race;
(2) A dispute as to the exercise or proposed exercise of a Stipendiary Steward’s or Investigator’s power pursuant to sub-Rule (1) hereof may be referred to the Judicial Committee for final determination provided:”
Neither of the provisos contained in Rules 209(2)(a) and (b) applied in this case.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ray gave evidence that after “Patrice” got loose from the course it was caught in Washdyke and about 4 kms from the course. After being returned to the course by Trainer Mr N. W. Coulbeck it was checked by the Racing Club’s Veterinary Surgeon who could find no abnormalities. Mr Ray submitted that because of this incident the Stipendiary Stewards believed it would be unwise to allow the horse to start.
Mr Coulbeck gave evidence that his Vet had also checked the horse and also found no abnormalities. He submitted that the horse should be allowed to start. It was established that “Patrice” was a 3yo gelding which had raced five times previously.
We adjourned to consider our decision.
reasonsfordecision:
After reviewing the evidence we were satisfied that “Patrice” was a young horse which had travelled a considerable distance along a busy highway before being re-captured. We did not know the details of what happened during this time, but assume that “Patrice” would have exerted itself greatly. We were satisfied that it would be unwise to allow it to start, as we could not be confident that it would perform at its best. At the forefront of our concerns were the persons who had invested on the horse.
Taking all these matters into account we were satisfied that the decision by the Stipendiary Stewards not to allow “Patrice” to start was the correct one.
Decision:
On resuming the hearing we advised the parties of our decision that “Patrice” should not be allowed to start in race 4.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 918 and 809(1)(a) and (2)(a) and (b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr NW Coulbeck - Licensed Trainer, Mr CW Johnson 0- Licensed Jockey
Respondent:
StipendSteward: Mr AL Ray - Stipendiary Steward
raceid: edcdecf983c85ab6c7e8c6f27835d4bb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 10d3e64a6cbcd551f68431792a0c187c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2011
meet_title: South Canterbury RC - 28 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: South Canterbury RC