Ashburton RC 6 July 2023 – R4 – POWERFUL MOSS

ID: RIB24916

Respondent(s):
Mark Davidson - Other (RIB)

Applicant:
Russell McKay - Licensed Trainer

Adjudicators:
Stewart Ching (Chair)

Persons Present:
Mark Davidson - Stipendiary Steward, Nigel McIntyre - Chief Stipendiary Steward, Russell McKay - Licensed Trainer, Diego Montes de Oca - Class A Rider, Willie Harnett - Starter

Information Number:
A11823

Decision Type:
Request for Ruling

Rule(s):
632(1) - Other - Request for a ruling

Request for Ruling:
Was POWERFUL MOSS denied a fair start

Animal Name:
POWERFUL MOSS

Code:
Thoroughbred

Race Date:
06/07/2023

Race Club:
Ashburton Racing Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R9

Hearing Date:
06/07/2023

Hearing Location:
Ashburton

Outcome: Determination

Penalty: POWERFUL MOSS was declared a runner

Evidence:

Following the running of Race 9, the Applicant Russell McKay, Trainer of POWERFUL MOSS, lodged an Information requesting a ruling pursuant to Rules 918(1) and 632(1) to establish whether POWERFUL MOSS was denied a fair start.

POWERFUL MOSS did not finish in the first four placings.

The basis for the request was due to POWERFUL MOSS being slow to leave its barrier and consequently, it lost considerable ground at the start.

Rule 632(1) provides “If, in the opinion of the Adjudicative Committee, a horse which does not finish in the first four placings was prevented from taking an effective part in a race owing to the mechanical failure of starting stalls, or is denied a fair start and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away of its own accord), the Adjudicative Committee may declare such horse to be a non-starter.”

Submission for Decision:

Using the head-on and other available race films, the Applicant Russell McKay, demonstrated the start of the race. He  pointed out POWERFUL MOSS jumping from the starting gates well behind the rest of the field. Mr McKay stated that the usual process in the gates with POWERFUL MOSS, was not to have a man up with him as he was liable to get spooked. He said that a man was up with the horse as the start was declared, and this was the reason the horse missed the start. Mr McKay added that POWERFUL MOSS was usually a strong beginner and finished up trailing the field over the early stages, but ran on to finish in 6th place.

The Rider, Diego Montes da Oca, of POWERFUL MOSS, submitted that the horse was upset and tending to lay against the side of the gate. He said he did not ask for a man up, but a Starting Assistant went up to assist with the horse and held onto the bridle. He added that the Starting Assistant was not holding onto POWERFUL MOSS when the gates were released.

The Starter, Willie Harnett, outlined his interpretation of the incident and stated that the Starting Assistant went up to assist with POWERFUL MOSS on their own volition, due to the horse becoming upset. He believed that the Starting Assistant did so for safety reasons.

On behalf of the Stewards, Mark Davidson, submitted that although POWERFUL MOSS was slow to begin, it was the horse’s manners that caused the horse to be slow away of its own accord, not the presence of the Starting Assistant.

Reasons for Decision:

The Adjudicative Committee carefully considered the submissions presented and reviewed the various available camera angles of the race start.

The Adjudicative Committee noted that POWERFUL MOSS was slow to leave the barrier and several lengths at the start. There was no evidence of a mechanical fault to do with the starting gates, but rather the horse was slow to leave the barrier on its own accord. The Adjudicative Committee was satisfied that prior to the start, the horse was upset and that was the reason the assistant got up with the horse i.e. for safety reasons. As the start was made and the gates began to open, both front legs of POWERFUL MOSS began to lift off the ground, and it was apparent that this was the reason the horse missed the start. The Adjudicative Committee was also satisfied that the Starter’s Assistant was not holding on to the horse when the start was declared and further, satisfied that it was the horse’s manners in the barrier that caused it to miss the start.

Accordingly, this was found to be the primary reason for POWERFUL MOSS being slow to leave the barrier.

Decision:

Accordingly, under the provisions of the Rule, the Adjudicative Committee was of the opinion that although POWERFUL MOSS began slowly, it was not denied a fair start, and the payment of dividends is authorised.

Decision Date: 06/07/2023

Publish Date: 07/07/2023