Hawke’s Bay RI 31 December 2023 – R4 – Request for a Ruling AVAYA
ID: RIB31240
Animal Name:
AVAYA
Code:
Thoroughbred
Race Date:
31/12/2023
Race Club:
Hawkes Bay Race Club
Race Location:
Hastings Racecourse - 200 Prospect Road, Hastings, 4122
Race Number:
R4
Hearing Date:
31/12/2023
Hearing Location:
Hastings Racecourse
Outcome: Determination
Penalty: N/A
Evidence:
Following the running of Race 4, the Applicant Mr N Goodwin, lodged an Information requesting a Ruling pursuant to Rule 632(1) to establish whether AVAYA was denied a fair start.
AVAYA did not finish in the first four placings.
The Information Requested a Ruling as to whether AVAYA (K Asano) was denied a fair start when getting her head over the inside of the barriers, being slow away as a result.
Rule 632(1) provides “If, in the opinion of the Adjudicative Committee, a horse which does not finish in the first four placing’s 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 Adjudicative Committee may declare such horse to be a non-starter.”
Submission for Decision:
Using the head-on and other available Race films, the Applicant, Mr Goodwin demonstrated the start of the Race.
Submissions were also heard from the Starters and the Rider Mr K Asano.
The Rider of AVAYA, Mr Asano, submitted that his horse turned her head towards the inside and he called out to the starter but it was too late and the gates opened, the consequence being he was slow away.
The Starter, Mr Collins said his attention was taken by a horse in barrier 2 who had put its head down. He effected the start once the barrier 2 horse was ready. He was not aware at that time of any problem with AVAYA.
On behalf of the Stewards, Mr Goodwin submitted that AVAYA turned her head inwards at the same time at the start was made.
Reasons for Decision:
The Adjudicative Committee carefully considered the submissions presented. AVAYA was slow to leave the barrier and lost several lengths. She finished the race in 5th place. There was no evidence of a mechanical fault to do with the starting gates but rather the horse was slow to leave the barrier on its own accord because it turned its head to the inside simultaneously as the call was made to start the race.
Decision:
Under the provisions of the Rule the Adjudicative Committee was of the opinion that AVAYA was the author of its own misfortune and was not denied a fair start. Accordingly AVAYA was declared a runner and the payment of dividends was authorised.
Decision Date: 31/12/2023
Publish Date: 01/01/2024