Follow Up Report

TAMWORTH 13/04/2018

Race 7, UNDERTHEKILT - Driver S Welsh

INTERNAL REVIEW – TAMWORTH 13 APRIL 2018

RACE 7 – MITAVITE FORMULA 3 PACE – 2360 METRES

 

Following the decision of Stewards to disqualify UNDERTHEKILT (S Walsh) from the above mentioned race as a result of gaining an advantage when moving inside marker pegs as the field moved into the final turn, Trainer W Hinze requested a review of the decision. During this request Mr Hinze questioned his right to appeal the decision of Stewards under AHRR 177.

In view of AHRR 177(4) “An objection cannot relate to an incident which occurred during the running of a race” it was determined that Mr Hinze did not have rights to object to the Stewards decision however Stewards on a preliminary review of the incident ordered that an internal review be conducted. In addition to the disqualification of UNDERTHEKILT this review addressed the suspension of driver Mr S Welsh under Rule 163(1)(c) for a period of four (4) weeks. At this stage Mr Welsh had lodged an appeal with the Racing Appeals Tribunal and was granted a stay of proceedings.

During the internal review it was established that;

  • UNDERTHEKILT had sufficient room to progress to the inside of PAGEANTRY at the stage it commenced to improve.

  • UNDERTHEKILT did not race inside the line of marker pegs as outlined in the decision of Stewards.

  • Driver S Welsh (UNDERTHEKILT) did not progress his drive into unavailable room.

  • Driver S Welsh (UNDERTHEKILT) did not gain any unfair advantage.

  • The decision to disqualify UNDERTHEKILT under Rule 163(5) is not established.

  • The decision in finding Mr S Welsh guilty of an offence under Rule 163(1)(c) is not established

 

In view of the findings and acting under AHRR 302(b) it was determined that an error had been made and the charge issued against Mr Welsh was withdrawn.

“The Controlling Body may take whatever measure it considers appropriate” -

(b) to rectify an error which has occurred because of some mistake or mishap in the administration of these rules whether by itself, the Stewards, a club or any person

Furthermore, in relation to the official results it was determined that the judge’s placings would remain.

The Board of HRNSW approved that an Ex gratia payment to the connections of UNDERTHEKILT for the lost prize money.

 

Grant Adams