Wellington RC 28 June 2025 – R1 (request for a ruling) – SMUG, CATCH AND RELEASE and FABULOUS NANCY

Evidence:

Following the completion of the running of Race 1, Mr Goodwin presented an Information requesting a ruling from the Adjudicative Committee.  The horse “SMUG” had finished 1st; “CATCH AND RELEASE” had finished 5th.  Mr Goodwin requested a ruling that both horses be disqualified, as their Riders had directed them on an improper course when entering the course proper, in order to run on that to the finish line.

The horse that finished 6th “FABULOUS NANCY”, ridden by Mr J Parker, also was directed on the same improper course.

Reasons for Ruling:

Rule 640(1)(a) provides relevantly that:

Where the course to be run in a jumping race is not wholly enclosed by rails or where part of the course is indicated by a special mark of any description, an official appointed by a Stipendiary Steward shall explain, indicate or point out to all Riders, before the race, the “course and all flags, post, drums and boundary marks being used …..”

This was done by Mr J Phillips, the Track Manager, who was appointed for this task.

The relevant events occurred as the field completed the “figure eight” course and was approaching the designated departure gap onto the straight of the course proper.  This is about 350-400 metres from the finish.  “SMUG” was leading and Mr Roustoby failed to direct it towards the designated entrance to the straight.  Instead, he directed it towards and into a gap in the running rail on the bend, which was about 500-550 metres from the designated entrance in the straight. Two other horses, “CATCH AND RELEASE” (Mr D Parker) and “FABULOUS NANCY” (Mr J Parker) followed “SMUG” on the incorrect course.  The remaining horses “HEY HEY HEY” (originally 2nd), “ZEEFA ZED” (originally 3rd) and “MUSE” (originally 4th) continued on the correct path, entering onto the course proper as had been directed.

Evidence and submissions were heard from Mr Goodwin, Mr Phillips, Mr Roustoby, Mr Myers, the Riders concerned and (by phone) from Mr Wood.  The evidence of Mr Phillips was clear and the Adjudicative Committee accepts it.  As the Rules require, and has always been the case, he explained and illustrated the course to be followed to the assembled Riders.  They were told to “leave the infield onto the course proper in the way they came into it”.  Mr Myers, although critical of the fact that there had been the gap in the rail earlier on the bend before the course proper, he fairly agreed that Mr Phillips had explained the course to the Riders, as he was requested to do under Rule 640(1)(a).

Mr Wood, by phone, was adamant that his horse should not be disqualified because the incident occurred through the “fault of the club”.  Naturally, it was a regrettable event and it appears that in order to (later) move the starting gates back onto the course proper for use in the next race, a gap had been created.  But the ultimate determinative actions came from Mr Roustoby, whose decision came because he either forgot (or ignored) in the heat of the moment, the required pre race instructions.  He had not previously ridden on the “figure eight” course.  Other observers, including the Stipendiary Stewards, Adjudicative Committee and those familiar with the course, immediately saw that the proper course had not been followed.  Indeed, several commentators on the “Trackside” recording, were heard to say, before the horses had returned to the birdcage, “he has gone the wrong way”.

Rule 640(2) is mandatory.  It states that:

“in the event of a breach of any of the provisions of paragraphs (a), (b), (c)(i) and (c)(ii) of the sub-rule (1) of this Rule,…… the horse shall be disqualified for the race” [emphasis added].

So, once the correct course has been explained to the Riders under Rule 640(1)(a), there is an obligation on all Riders to follow that course.  Otherwise their mount has to be disqualified.

Mr Roustoby was riding on the figure eight infield for the first time and whilst sympathy exists for him and the connections of “SMUG”, (and the other 2 horses), he must have clearly forgotten the instructions given to him and other Riders at the pre race briefing.  The running rail gap he took was some 150-200 metres, on the bend, before the correct exit point.  No doubt this influenced him in his mistake – after all, it was that course that he took.  Although the 2 other Riders, Messrs D and J Parker, erred in following him, the Riders of the other remaining horses in the race had no difficulty in taking the proper route as earlier directed.

Ruling:

Because the liability imposed under the Rule is strict, those 3 horses which passed the winning post in 1st, 5th and 6th places, “SMUG”, “CATCH AND RELEASE”, and “FABULOUS NANCY” are disqualified.  The revised placings are:

1st   HEY HEY HEY

2nd  ZEEFA ZED

3rd  MUSE