Banks Peninsula TC 17 March 2024 – R1 – JUDY J

ID: RIB40098

Respondent(s):
Matt Sole - Other (RIB)

Applicant:
Sharee Tomlinson - Open Driver

Adjudicators:
Stewart Ching (Chair)

Persons Present:
Matt Sole - Stipendiary Steward, Sharee Tomlinson - Open Driver, Ricky Donnelly - Starter

Information Number:
A21384

Decision Type:
Request for Ruling

Rule(s):
213(1)(j) - Other - Denied a fair start

Request for Ruling:
Whether JUDY J was denied a fair start

Animal Name:
JUDY J

Code:
Harness

Race Date:
17/03/2024

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R1

Hearing Date:
17/03/2024

Hearing Location:
Motukarara

Outcome: Determination

Penalty: JUDY J was not denied a fair start

Evidence:

Following the running of Race 1, Open Driver, Sharee Tomlinson sought a Ruling under Rule 213(1)(j) as to determine whether JUDY J was denied a fair start.

Rule 213 provides as follows:-

(1)   A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:-

(j)   if a horse was denied a fair start and such occurrence materially prejudiced the chances of that horse

Submissions:

Ms Tomlinson, the Driver of JUDY J, stated that her horse had drawn 11 on the second line behind SIGNAL HILL, driven by Jim Curtin. She stated that Mr Curtin was slapping SIGNAL HILL up to keep the horse in position prior to the start and when the start was made, did not move, and in fact went backwards refusing to move, which denied her a horse a fair start.

Mr Donnelly, the Starter, gave evidence. He said SIGNAL HILL was moving forward as the tapes were released. He added that the incident with SIGNAL HILL, was after the tapes were released and gave him no reason to call a false start.

Mr Sole stated that under Starting Regulation 17.2, the Starter shall sound a recall if interference occurs prior to the barrier strand being released.

He said it was clear from Mr Donnelly’s evidence and the available videos, that interference had not occurred prior to the strand being released.

Ruling

The Starter’s evidence is clear, and the videos do not evidence any interference prior to the strand being released. Regulation 17.2 is clear in that under 17.2.1, the Starter shall only sound a recall for interference prior to the barrier strand(s) being released.

The Adjudicative Committee therefore determined that JUDY J had not been denied a fair start in the event and therefore was declared a runner.

Decision Date: 17/03/2024

Publish Date: 20/03/2024