Otaki-Maori RC 14 July 2023 – R4 – ARBITRATE and GUNDAHAR

ID: RIB25233

Respondent(s):
Josh Shaw - Trainer, Gemma McKay - Trainer

Applicant:
Mr Neil Goodwin - Senior Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr Neil Goodwin - Senior Stipendiary Steward, Mr John Oatham - Chief Stipendiary Steward, Jockeys

Information Number:
A17424

Decision Type:
Request for Ruling

Rule(s):
632(1) - Other - Denied a start

Request for Ruling:
Whether GUNDAHAR and ARBITRATE should be declared non starters having been denied a fair start due to a malfunction in the starting barriers.

Animal Name:
ARBITRATE and GUNDAHAR

Code:
Thoroughbred

Race Date:
14/07/2023

Race Club:
Otaki-Maori Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:
R4

Hearing Date:
14/07/2023

Hearing Location:
Otaki Maori Racecourse 47 Te Roto Road Otaki 5512

Outcome: Determination

Penalty: N/A

Evidence:

Following the running of Race 4 – the JCE Construct Maiden – an Information by way of a Request for a Ruling, was lodged by Senior Stipendiary Steward Mr Neil Goodwin. The request, in relation to Rule 632(1) was sought to determine whether ARBITRATE and GUNDAHAR were denied a fair start.

The pertinent Rule states:

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 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 by its own accord), the Adjudicative Committee may declare such horse to be a non starter.

Stewards highlighted the incident through film of the race start.  The start button was activated by the Starter. Due to malfunction, there was a delay in the gates opening. In reaction, Ms Kelsey Hannan (Jockey – ARBITRATE) is seen look to the Starter and in that moment, becomes unbalanced. On the field jumping, Ms Hannan becomes dislodged.  Ms Temyia Taiaroa (Jockey – GUNDAHAR), also becomes unbalanced. GUNDAHAR, who started from the stall to the inside of ARBITRATE, is also hampered by the riderless horse. No other Riders expressed concern that their chances were materially affected by the delay.

Decision:

Referenced to the wording of Rule 632(1), along with circumstances surrounding the start of Race 4, the Adjudicative Committee was satisfied that ARBITRATE and GUNDAHAR were prevented from taking an effective part in the race through being denied a fair start.

Conclusion:

The Adjudicative Committee declared both ARBITRATE and GUNDAHAR to be non runners.

Decision Date: 14/07/2023

Publish Date: 17/07/2023