Wellington RC 17 March 2012 – R 3 (request for a ruling)
ID: JCA16006
Code:
Thoroughbred
Meet Title:
Wellington RC - 17 March 2012
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2012/03/17
Race Number:
R 3
Decision:
As a result the Committee declared the race void.
Facts:
Following the running of Race 3, the Pacific Jewellers 3YO Premier the siren was sounded indicating an enquiry into the running of the race. The Stewards requested a ruling in relation to Rule 631(5) (6) (c) in that should Race 3 be declared a no-race.
631 (5): The Starter’s decision as to whether or not a proper start has been effected and to any other matter in connection with the start shall be final and shall not be subject to appeal, including where the Starter has by his actions declared a race to be a false start.
631(6): Except as provided in Rules 628(1) and 631(4), where:
(c) any horse or horses is prevented by mechanical failure of the starting stalls from participating in the race, the Judicial Committee shall have an absolute discretion to determine whether the race shall be deemed to have been run or to be void, provided, however, that in exercising such discretion the Judicial Committee shall have regard to:
(e) the interests of the public who have invested on that race.
Mr Phillips, the official Starter for the day, told the hearing there had been a delay to the start of the race due to a number of fractious horses. He had been up and down the starter’s ladder a few times and there had been two late scratchings. When he mounted the starters stand the final time he neglected to look down at the panel and inadvertently pressed the false start button which activated the false start siren.
Submissions for Decision:
Ms Johnson (rider of ZAMPERINI) said she heard the siren and pulled her horse up and out of the race. Mr Tinsley (rider POST D’FRANCE) also heard the siren and pulled his horse up. At the same time he yelled to the other riders that it was a false start. Mr Riddell (rider JAKOB GAMBINO) also believed it was a false start but when he noticed some of the other riders continuing he followed suit. Mr Lammas (FREDERICK WILLIAM) said he heard the siren but did not see the false start flag therefore elected to carry on with the race.
Mr Sargent suggested that since the false start flag had not been raised then there really was no false start. Mr George explained there is no requirement under the Rules of Racing for a flag to be raised in the event of a false start. Mr Phillips was asked to explain the usual process for a false start. He told the hearing the siren would sound, a flag would be raised and the Clerk of the Course would move out onto the track to alert riders. In today’s incident two of those three actions occurred.
Mr Gleeson, owner’s representative of PETER PIPER (who went on to “win” the race), said the race should stand because it was not truly a false start but a mistake by the Starter.
Mr George said he had to protect the betting public and recommended the race be declared void.
The film was played from the start until the end of the back straight so everyone present at the hearing had the opportunity to view how each runner had been affected.
Reasons for Decision:
The Judicial Committee had careful regard to all the submissions. Mr Phillips admitted making an error in pushing the false start button however to the riders who heard the siren (those who had drawn inside barriers) it was a clear message that a false start had been declared. In addition to the siren the Clerk of the Course, positioned down the track from the start, moved inwards towards the oncoming field which is normal practice when there is a false start.
The film clearly showed two horses (ZAMPERINI and POST D”FRANCE) pulling up and it also showed Mr Riddell in front on JAKOB GAMBINO steady his mount for several strides before continuing to run on. It was clear to the committee that not all runners had been given equal opportunity and the race could not be considered a fair contest. Mr Phillips, by his actions, declared the race to be a false start. The fact that he did this in error was not material to this hearing.
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: ae26b48b1e3492a7f9690e1bf882f350
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/03/2012
hearing_title: Wellington RC 17 March 2012 - R 3 (request for a ruling)
charge:
facts:
Following the running of Race 3, the Pacific Jewellers 3YO Premier the siren was sounded indicating an enquiry into the running of the race. The Stewards requested a ruling in relation to Rule 631(5) (6) (c) in that should Race 3 be declared a no-race.
631 (5): The Starter’s decision as to whether or not a proper start has been effected and to any other matter in connection with the start shall be final and shall not be subject to appeal, including where the Starter has by his actions declared a race to be a false start.
631(6): Except as provided in Rules 628(1) and 631(4), where:
(c) any horse or horses is prevented by mechanical failure of the starting stalls from participating in the race, the Judicial Committee shall have an absolute discretion to determine whether the race shall be deemed to have been run or to be void, provided, however, that in exercising such discretion the Judicial Committee shall have regard to:
(e) the interests of the public who have invested on that race.
Mr Phillips, the official Starter for the day, told the hearing there had been a delay to the start of the race due to a number of fractious horses. He had been up and down the starter’s ladder a few times and there had been two late scratchings. When he mounted the starters stand the final time he neglected to look down at the panel and inadvertently pressed the false start button which activated the false start siren.
appealdecision:
isappeal:
submissionsfordecision:
Ms Johnson (rider of ZAMPERINI) said she heard the siren and pulled her horse up and out of the race. Mr Tinsley (rider POST D’FRANCE) also heard the siren and pulled his horse up. At the same time he yelled to the other riders that it was a false start. Mr Riddell (rider JAKOB GAMBINO) also believed it was a false start but when he noticed some of the other riders continuing he followed suit. Mr Lammas (FREDERICK WILLIAM) said he heard the siren but did not see the false start flag therefore elected to carry on with the race.
Mr Sargent suggested that since the false start flag had not been raised then there really was no false start. Mr George explained there is no requirement under the Rules of Racing for a flag to be raised in the event of a false start. Mr Phillips was asked to explain the usual process for a false start. He told the hearing the siren would sound, a flag would be raised and the Clerk of the Course would move out onto the track to alert riders. In today’s incident two of those three actions occurred.
Mr Gleeson, owner’s representative of PETER PIPER (who went on to “win” the race), said the race should stand because it was not truly a false start but a mistake by the Starter.
Mr George said he had to protect the betting public and recommended the race be declared void.
The film was played from the start until the end of the back straight so everyone present at the hearing had the opportunity to view how each runner had been affected.
reasonsfordecision:
The Judicial Committee had careful regard to all the submissions. Mr Phillips admitted making an error in pushing the false start button however to the riders who heard the siren (those who had drawn inside barriers) it was a clear message that a false start had been declared. In addition to the siren the Clerk of the Course, positioned down the track from the start, moved inwards towards the oncoming field which is normal practice when there is a false start.
The film clearly showed two horses (ZAMPERINI and POST D”FRANCE) pulling up and it also showed Mr Riddell in front on JAKOB GAMBINO steady his mount for several strides before continuing to run on. It was clear to the committee that not all runners had been given equal opportunity and the race could not be considered a fair contest. Mr Phillips, by his actions, declared the race to be a false start. The fact that he did this in error was not material to this hearing.
Decision:
As a result the Committee declared the race void.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 631(5), (6)(c)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Sargent, Mr Bill Gleeson, Mr J McDonald, Ms V Johnson, Mr D Browne, Mr H Tinsley, Mr B Lammas, Mr L Innes, Representatives Wellington Racing Club, Members of the Press, Mr G Phillips - Official Starter
Respondent:
StipendSteward: Mr C George - Chief Stipendiary Steward, Mr R Neal - Stipendiary Steward, Mr N Goodwin - Stipendiary Steward
raceid: eaad183028cddbda8de342dc7c9dbcd8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8d0282eff385592aa52a003d4e19c0d8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/03/2012
meet_title: Wellington RC - 17 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wellington-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
meet_pm2: none
name: Wellington RC