Banks Peninsula TC 29 December 2024 – R9 – NEXT LEVEL

ID: RIB49976

Respondent(s):
Samantha Jane Ottley - Driver

Applicant:
Nigel McIntyre - Chief Stipendiary Steward

Adjudicators:
Stewart Ching (Chair)

Persons Present:
Nigel McIntyre - Chief Stipendiary Steward, Samantha Ottley - Open Driver

Information Number:
A20401

Decision Type:
Request for Ruling

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

Request for Ruling:
Whether NEXT LEVEL was denied a fair start

Animal Name:
NEXT LEVEL

Code:
Harness

Race Date:
29/12/2024

Race Club:
Banks Peninsula Trotting Club

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

Race Number:
R9

Hearing Date:
29/12/2024

Hearing Location:
Motukarara

Outcome: Determination

Penalty: N/A

Evidence:

Following the running of Race 9, the Applicant, Chief Stipendiary Steward Nigel McIntyre filed an Information requesting a ruling to determine whether NEXT LEVEL 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 for Decision:

The Applicant, Chief Stipendiary Steward, Nigel McIntyre used the available race films to show that NEXT LEVEL,  was drawn the Unruly position on the 10m line and was positioned behind MOUTON CADET at the start. He showed that when the start was made, MOUTON CADET reared and turned sideways into the path of NEXT LEVEL, who had to take evasive action to clear MOUTON CADET. In doing so, NEXT LEVEL stepped away, but broke shortly afterwards, losing considerable ground. The Driver of NEXT LEVEL, Samantha Ottley, stated that she could see that MOUTON CADET was being disruptive prior to the start, after being sent to the unruly from its original draw of 1 on the front line. Ms Ottley said that when the start was declared, MOUTON CADET reared, turned sideways and disrupted her start, as she had to shift ground inwards to avoid the horse. She added that NEXT LEVEL broke shortly afterwards and was denied a fair start.

Reasons for Decision:

The Adjudicative Committee reviewed the films relating to the start of the race and evaluated the evidence of all parties.

Due to interference received at the start by the actions of MOUTON CADET, the Adjudicative Committee determined NEXT LEVEL was denied a fair start and as a consequence, this materially prejudiced the chances of that horse finishing in a better placing.

Decision:

The Adjudicative Committee ruled that NEXT LEVEL was denied a fair start and such occurrence materially prejudiced the chances of that horse.  

Decision Date: 29/12/2024

Publish Date: 30/12/2024