NZ Metro TC - 27 July 2010 - R 2
862(2)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Stipendiary Steward
Defendant:
Information No: 14556
Meeting: New Zealand Metropolitan Trotting Club
Date: 27 July 2010
Venue: Addington Raceway, Christchurch
Race: 2
Rule No: 862 (2)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist
Plea: N/A
Also present:
Mr S P Walkinshaw, driver of WOODLEA COSMOS
FACTS:
Following the running of Race 2, George Calvert Cleaning Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against WOODLEA COSMOS (S P Walkinshaw), placed 4th by the judge, on the ground that “Mr Walkinshaw has started from the incorrect barrier position”.
Mr Walkinshaw was present at the hearing of the information, representing the connections of WOODLEA COSMOS.
Rule 862 provides as follows:
(1) No horseman shall permit a horse to start, and no horse shall start on a mark in advance of its proper mark.
In addition to any other penalty which may be imposed upon a horse pursuant to Rule 1003 any horse which starts in contravention of this Rule shall be disqualified from that race.
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
SUBMISSION(S):
Mr Ydgren showed video replays of the start of the 1950 metres mobile start event. He pointed out that WOODLEA COSMOS had drawn barrier 1 on the second row. He alleged that, as the horse approached the start, it should have been following MISSIES BOY (G A Payne), which had drawn 1 on the front row. However, just prior to the start point, Mr Walkinshaw moved out onto the back of DAYS OF PASSION (J T Keast) that had drawn 2 on the front row. Mr Ydgren submitted that it clearly be seen from the video that, when the green light went on indicating a start, WOODLEA COSMOS was on the back of DAYS OF PASSION and not MISSIES BOY. Shortly thereafter, Mr Walkinshaw shifted back down onto the back of MISSIES BOY and, effectively, gained no advantage from the manoeuvre. Had he continued to follow Mr Keast, he would have gained an advantage, Mr Ydgren submitted.
Mr Walkinshaw stated that the reason that he had moved off the back of MISSIES BOY was that he did not think that that runner was keeping up. He said that he had, shortly after the start, gone back into his correct position and that, as his was the only horse on the second row, he had not inconvenienced any other runner. Mr Walkinshaw admitted that he had started from the wrong position but, he submitted, the horse had not gained any advantage. Mr Ydgren submitted that the fact that Mr Payne may not have been keeping up prior to the start did not justify Mr Walkinshaw’s moving off his back.
REASON(S):
The Committee was satisfied that WOODLEA COSMOS had not started from the correct barrier position, in breach of Rule 862 (2). This finding was on the basis of the video evidence, which was quite clear, and from Mr Walkinshaw’s own admission. Having found that Rule 862 (2) had been breached, the Rule requires that WOODLEA COSMOS be disqualified from the race – the rule states that “any horse which starts in contravention of [Rule 862] shall be disqualified from that race”.
DECISION:
The protest was upheld and WOODLEA COSMOS was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are as follows:
1st 5 Empyrean
2nd 8 Amazing Art
3rd 1 Missies Boy
4th 6 Artzone
5th 7 Candy’s Dream
It was ordered that dividends and stakes be paid in accordance with that amended result.
R G McKenzie S C Ching
Chairman Committee Member
14556
