Whangarei RC 13 September 2014 – R 1 (request for a ruling)
ID: JCA15925
Code:
Thoroughbred
Meet Title:
Whangarei RC - 13 September 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/09/13
Race Number:
R1
Decision:
Accordingly we are satisfied that both FITZROY and HAPPI ASSASSIN were denied a fair start and are declared non-starters.
Facts:
Following the running of Race 1, the Cowley’s Party Hire 880, Mr M Du Plessis rider of No 2 FITZROY and Mr B R Jones, rider of No 4 HAPPI ASSASSIN requested a ruling from the Judicial Committee (the “Committee”) in relation to Rule 632 to determine whether or not their mounts were denied a fair start.
An Information may contain one or more particulars in relation to a breach of the rules (R 903 (4) and for reasons of expediency and timeliness the Committee elected to hear both matters together. But for the purpose of decision making, the Committee gave separate consideration as to whether or not each horse was denied a fair start.
Rule 632 provides that:
If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings was prevented from taking an effective part in a Race owing to 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 by its own accord), the Judicial Committee may declare such horse to be a non-starter.
Submissions for Decision:
Race 1 was run over a distance of 880m and FITZROY drew barrier 4 and HAPPI ASSASSIN drew barrier number 5. Mr Du Plessis advised the Committee that FITZROY’S starting gate was slow to open. He said as result FITZROY’S head hit the side of the gate which then forced it to open. He said his mount then raced with his head up for the remainder of the race finishing in 5th place.
Mr Jones said that the video evidence clearly shows that HAPPY ASSASSIN’S gate was slow to open and it was necessary for him to force the gate open. He said as a result his mount was disadvantaged from finishing in a better place. He estimated it opened only ¼ and Mr Du Plessis had to force the remainder of the gate open.
Mr Cole also said that HAPPY ASSASSIN’S gate was similarly slow to open.
The Official Starter, Mr Harrison advised the Committee that the films speak for themselves and it was evident both horses had to force the starting gates open and this resulted in both horses losing ground.
Mr Williamson said the video films support the Jockeys' concerns and Stewards agree that the starting gates in relation to both horses were slow to open. He added that unfortunately due to the starting position there was no direct head on film available, but submitted the side view is sufficiently clear, particularly when ‘freeze framed’.
Due to the gates being slow to open both riders are certain their mounts were denied a fair start.
Reasons for Decision:
Having carefully considered all of the submissions the Committee rules that both FITZROY and HAPPI ASSASSIN, neither of which finished in the first three, were denied a fair start. Our reasons for this are that we are satisfied starting gates 4 and 5 were slow to open.
Both FITZROY and HAPPI ASSASSIN had to force their gates open and each lost considerable ground.
Rule 632 required us to determine if either horse was denied a fair start which materially affected its chances in the race. In our view the side video evidence, is compelling, albeit there is no direct head on view. But the available footage, when freeze framed clearly shows the starting gates were slow to open and no fault could be attributed to either horse being slow on its own accord or other influence. On that basis, coupled with the submissions of all parties, we rule that the gates were slow to open due to a mechanical fault, and the chances of each horse were materially prejudiced.
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: e5e9a30b62268b450c59533f7e9af926
informantnumber: A4140
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/09/2014
hearing_title: Whangarei RC 13 September 2014 - R 1 (request for a ruling)
charge:
facts:
Following the running of Race 1, the Cowley’s Party Hire 880, Mr M Du Plessis rider of No 2 FITZROY and Mr B R Jones, rider of No 4 HAPPI ASSASSIN requested a ruling from the Judicial Committee (the “Committee”) in relation to Rule 632 to determine whether or not their mounts were denied a fair start.
An Information may contain one or more particulars in relation to a breach of the rules (R 903 (4) and for reasons of expediency and timeliness the Committee elected to hear both matters together. But for the purpose of decision making, the Committee gave separate consideration as to whether or not each horse was denied a fair start.
Rule 632 provides that:
If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings was prevented from taking an effective part in a Race owing to 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 by its own accord), the Judicial Committee may declare such horse to be a non-starter.
appealdecision:
isappeal:
submissionsfordecision:
Race 1 was run over a distance of 880m and FITZROY drew barrier 4 and HAPPI ASSASSIN drew barrier number 5. Mr Du Plessis advised the Committee that FITZROY’S starting gate was slow to open. He said as result FITZROY’S head hit the side of the gate which then forced it to open. He said his mount then raced with his head up for the remainder of the race finishing in 5th place.
Mr Jones said that the video evidence clearly shows that HAPPY ASSASSIN’S gate was slow to open and it was necessary for him to force the gate open. He said as a result his mount was disadvantaged from finishing in a better place. He estimated it opened only ¼ and Mr Du Plessis had to force the remainder of the gate open.
Mr Cole also said that HAPPY ASSASSIN’S gate was similarly slow to open.
The Official Starter, Mr Harrison advised the Committee that the films speak for themselves and it was evident both horses had to force the starting gates open and this resulted in both horses losing ground.
Mr Williamson said the video films support the Jockeys' concerns and Stewards agree that the starting gates in relation to both horses were slow to open. He added that unfortunately due to the starting position there was no direct head on film available, but submitted the side view is sufficiently clear, particularly when ‘freeze framed’.
Due to the gates being slow to open both riders are certain their mounts were denied a fair start.
reasonsfordecision:
Having carefully considered all of the submissions the Committee rules that both FITZROY and HAPPI ASSASSIN, neither of which finished in the first three, were denied a fair start. Our reasons for this are that we are satisfied starting gates 4 and 5 were slow to open.
Both FITZROY and HAPPI ASSASSIN had to force their gates open and each lost considerable ground.
Rule 632 required us to determine if either horse was denied a fair start which materially affected its chances in the race. In our view the side video evidence, is compelling, albeit there is no direct head on view. But the available footage, when freeze framed clearly shows the starting gates were slow to open and no fault could be attributed to either horse being slow on its own accord or other influence. On that basis, coupled with the submissions of all parties, we rule that the gates were slow to open due to a mechanical fault, and the chances of each horse were materially prejudiced.
Decision:
Accordingly we are satisfied that both FITZROY and HAPPI ASSASSIN were denied a fair start and are declared non-starters.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 632
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Du Plessis - Rider of FITZROY, Mr R Jones - Rider of HAPI ASSASSIN, Mr T Harrison - Official Starter
Respondent:
StipendSteward: Mr M Williamson - Stipendiary Steward, Mr A Coles - Stipendiary Steward
raceid: 54f2b1fbcc96679b723d86ccae13c048
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0b9b1732d7c3f0650b4cb884ea9bfe51
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2014
meet_title: Whangarei RC - 13 September 2014
meet_expappcomment:
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meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Whangarei RC