Wyndham HRC 6 November 2022 – R10 (request for a ruling) – SISTER CHERIE

EVIDENCE

Following the running of Race 10, Cameron Contracting Mobile Pace, Stipendiary Steward Mr Shane Renault lodged a Request for a Ruling under Rule 213(1)(j), alleging whether SISTER CHERIE, driven by Blair Orange, was denied a fair start, as Mr Orange believed he was.

Rule 213(1)(j) reads:

A Stipendiary Steward at any time may scratch from a race or declare ineligible to start a race until a specific condition is met, any horse on all or any of the following grounds.

(j) If a horse is denied a fair start and such occurrence materially predjudiced the chances of the horse.

In this particular incident, the Stipendiary Steward chose to file an Information for the Adjudicative Committee to determine the Ruling.

SUBMISSIONS FOR DECISION

Stipendiary Steward Mr Vinny Munro showed the various video clips of the alleged incident, highlighting MACANDREW NAVIGATOR (Jeremy Douglas) who was drawn 3 on the front line, breaking prior to the start and once settling, being at least a length out of position when the mobile gate pulled away. Mr Munro highlighted SISTER CHERIE, who was drawn 3 on the second line, having to be restrained, and was approximately a length to one and a half lengths out of position at the start of the race.

Mr Renault stated that the issue was simple in that, was SISTER CHERIE denied a fair start by being out of position through MACANDREW NAVIGATOR breaking and not being up with the mobile gate at the starting point.

Mr Orange, the Driver of SISTER CHERIE, said that it was clearly evident that his horse was denied a fair start by being at least a length and a half off the mobile gate than where he should’ve been at the start of the race.

Mr Ward (Official Starter) stated that he thought MACANDREW NAVIGATOR was possibly only half a length away from the mobile gate at the starting point.

REASONS FOR DECISION

The video evidence, along with the verbal evidence from Mr Orange was compelling. SISTER CHERIE has clearly been impeded by MACANDREW NAVIGATOR not being in its correct place at the starting point of the race.

DECISION

For the Adjudicative Committee to uphold a request under Rule 213(1)(j), it has to be clearly satisfied a horse’s chances were affected.

We fined that without doubt, this is the case in this instance and that SISTER CHERIE has been denied a fair start.

SISTER CHERIE is declared a non runner/ late scratching as a result.