Cheviot HRC 7 April 2024 – R6 – HE’S TOUGH

Evidence:

Following the running of Race 6, Open Driver, Kimberly Butt sought a Ruling under Rule 213(1)(j) as to determine whether HE’S TOUGH 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 Butt, the Driver of HE’S TOUGH, stated that her horse had drawn 4 on the second line. She pointed out on the video replays, the Starter’s Assistant holding the 10m tape and walking across the track in front of the second line, towards the outside of the track. Ms Butt stated that the tape for the 10m line was released when the Starter’s Assistant was in front of her, firstly, where she was unable to see him and secondly, impeding her horse when the start was made. She stated that because of this, HE’S TOUGH was denied a fair start.

Mr McIntyre stated that it was the standard practice for the Starter’s Assistant to hold the start line, in this case the 10m line, and release it by hand, once the start had been declared. He said this was an approved practice in order to not impede the horses drawn unruly in the event who were starting from the outside of the track. Mr McIntyre stated that the films showed that the Starter’s Assistant was close, but not standing directly in front of HE’S TOUGH, when the 10m tape was released.

Ruling

After careful consideration of the evidence presented in conjunction with all videos angles of the start, this Adjudicative Committee was satisfied that Ms Butt’s line of vision of the Starter’s Assistant was impeded just prior to the 10m tape being released. HE’S TOUGH was disadvantaged with this action and as a result, the Starter’s Assistant, by releasing the 10m tape after just passing in front of HE’S TOUGH, further disadvantaged this horse’s capability to gain a fair start.

The Adjudicative Committee therefore determined that HE’S TOUGH had been denied a fair start in the event and therefore was declared a non runner.