Archive Decision

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Wellington RC – 4 November 2008 – Race 5

ID: JCA22372

Hearing Type:
Old Hearing

Rules:
865.a

Hearing Type (Code):
thoroughbred-racing

Decision:

At the Wellington Racing Club meeting on 4 November 2008 Information 41108 was filed pursuant to Rule 865(A) in which Mr Goodwin, Stipendiary Steward, sought a ruling as to whether CITY NEWTON ridden by C Carmine obtained a fair start.  The race was race 5 being a handicap race over 1000 metres.



At the Wellington Racing Club meeting on 4 November 2008 Information 41108 was filed pursuant to Rule 865(A) in which Mr Goodwin, Stipendiary Steward, sought a ruling as to whether CITY NEWTON ridden by C Carmine obtained a fair start.  The race was race 5 being a handicap race over 1000 metres.

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Prior to the hearing commencing the trainer of CITY NEWTON (Mr Finnegan) was paged over the on-course public address system but did not respond.  Unsuccessful efforts were also made to have the two barrier attendants involved in the incident attend the hearing.  Because of time constraints the hearing commenced without those three people present.  Mr G Phillips, the official starter, was present during the hearing.

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Mr Carmine showed the film of the start from both the head on camera and the side–on view provided by Trackside coverage.  He said that immediately prior to the start of the race two barrier attendants (one on either side of CITY NEWTON) were holding onto his horse.  As the gates opened he believed they did not immediately let go of the horse which caused it to throw its head in the air and lose ground.  He said that this was the first time the horse had been slow away from the gates.

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Mr Phillips said that from his position behind the starting gates he could not see if the barrier attendants had hold of any part of the horse or its’ bridle as the horse jumped.  He also considered the horse to have unruly and difficult barrier manners.

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Stipendiary Steward Mr Goodwin said that this was only CITY NEWTON’s second race day start and that the horse had caused problems in the starting gates at a previous barrier trial at Otaki.  The presence of the two attendants reflected the horse’s fractious disposition in the stalls. He said that the attendants were there to assist the horse and that in his view the horse was slow away of its own accord.

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Ruling

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Rule 865 (A) says:-

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“If, in the opinion of the Judicial Committee, a horse which does not finish in a dividend bearing position was prevented from taking an effective part in a race owing to the mechanical failure of starting stalls, or is denied a fair start and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away of its own accord) the judicial committee may declare such horse to be a non-starter…..”

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The committee has reviewed both the head-on film of the start and that provided from the Trackside channel.  Whilst the point was not raised by Mr Carmine we confirm there was no mechanical failure of the starting stalls.  Further, we do not believe that either film conclusively shows that one or both of the barrier attendants alongside CITY NEWTON had hold of the horse once the gates had opened.  The horse certainly jumped awkwardly and took several strides to get balanced losing several lengths in the process but on the information and evidence before the Committee we consider CITY NEWTON was the author of its own misfortune.  On that basis the Committee’s ruling is that CITY NEWTON will not be declared a non-starter.

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N Harris                                  P Williams

Chair  

Decision Date: 04/11/2008

Publish Date: 04/11/2008

JCA Decision Fields (raw)

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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: bfc3bfd321f561512fbf8b6eb1c9920c


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 04/11/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Wellington RC - 4 November 2008 - Race 5


charge:


facts:


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Decision:

At the Wellington Racing Club meeting on 4 November 2008 Information 41108 was filed pursuant to Rule 865(A) in which Mr Goodwin, Stipendiary Steward, sought a ruling as to whether CITY NEWTON ridden by C Carmine obtained a fair start.  The race was race 5 being a handicap race over 1000 metres.



At the Wellington Racing Club meeting on 4 November 2008 Information 41108 was filed pursuant to Rule 865(A) in which Mr Goodwin, Stipendiary Steward, sought a ruling as to whether CITY NEWTON ridden by C Carmine obtained a fair start.  The race was race 5 being a handicap race over 1000 metres.

--

 

--

Prior to the hearing commencing the trainer of CITY NEWTON (Mr Finnegan) was paged over the on-course public address system but did not respond.  Unsuccessful efforts were also made to have the two barrier attendants involved in the incident attend the hearing.  Because of time constraints the hearing commenced without those three people present.  Mr G Phillips, the official starter, was present during the hearing.

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Mr Carmine showed the film of the start from both the head on camera and the side–on view provided by Trackside coverage.  He said that immediately prior to the start of the race two barrier attendants (one on either side of CITY NEWTON) were holding onto his horse.  As the gates opened he believed they did not immediately let go of the horse which caused it to throw its head in the air and lose ground.  He said that this was the first time the horse had been slow away from the gates.

--

 

--

Mr Phillips said that from his position behind the starting gates he could not see if the barrier attendants had hold of any part of the horse or its’ bridle as the horse jumped.  He also considered the horse to have unruly and difficult barrier manners.

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--

Stipendiary Steward Mr Goodwin said that this was only CITY NEWTON’s second race day start and that the horse had caused problems in the starting gates at a previous barrier trial at Otaki.  The presence of the two attendants reflected the horse’s fractious disposition in the stalls. He said that the attendants were there to assist the horse and that in his view the horse was slow away of its own accord.

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Ruling

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Rule 865 (A) says:-

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--

“If, in the opinion of the Judicial Committee, a horse which does not finish in a dividend bearing position was prevented from taking an effective part in a race owing to the mechanical failure of starting stalls, or is denied a fair start and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away of its own accord) the judicial committee may declare such horse to be a non-starter…..”

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The committee has reviewed both the head-on film of the start and that provided from the Trackside channel.  Whilst the point was not raised by Mr Carmine we confirm there was no mechanical failure of the starting stalls.  Further, we do not believe that either film conclusively shows that one or both of the barrier attendants alongside CITY NEWTON had hold of the horse once the gates had opened.  The horse certainly jumped awkwardly and took several strides to get balanced losing several lengths in the process but on the information and evidence before the Committee we consider CITY NEWTON was the author of its own misfortune.  On that basis the Committee’s ruling is that CITY NEWTON will not be declared a non-starter.

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N Harris                                  P Williams

Chair  

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