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28 Mar 2021
Waimate-Tc - R3

Waimate TC 28 March 2021 - R 3 (request for a ruling) - Chair, Mr P Knowles

Created on 31 March 2021

PKnowles (chair)
Stipendiary Steward(s):
Ms R Haley - Stipendiary Steward
Ms S Ottley - Open Driver
Information Number:

Stewards lodged a Request for a Ruling under r872 following Race 3. The Information alleged “YOU CAN FLY ARDEN be declared a non-runner due to assisting capturing the driverless horse SHADOW AVEROSS, thus extinguishing its chances.”

Submission For Decision:

Ms Haley stated that as the field raced over the crossing THE ARTFUL DODGER broke from its gait and fell. SHADOW AVEROSS was unable to avoid the fallen horse and its driver Ms A Mugford was dislodged from the sulky. SHADOW AVEROSS continued on and caught the field about the 1000m mark and continued to loop the field. Ms S Ottley (YOU CAN FLY ARDEN) captured SHADOW AVERSOSS about the 800m mark and retired both horses from the event.

Ms Haley added that the Stewards were unable to abandon the race as there was no way of getting any communication to the Drivers, as the Starters and crash crew were busy. She said Ms Ottley’s actions greatly assisted the field and the race was able to continue.

Stewards also stated that at no time did YOU CAN FLY ARDEN have an opportunity to compete fully and was never used up at any stage. It was not a case of YOU CAN FLY ARDEN being a beaten runner prior to being retired from the race.

Ms Haley was seeking to have YOU CAN FLY ARDEN declared a non-runner.

Miss Ottley stated the driverless SHADOW AVEROSS was a danger to the field and posed a risk under Health and Safety. She was in a position to capture the horse and did so, allowing the race to continue. She said YOU CAN FLY ARDEN was in a competitive position prior to be pulled up. 

Reasons For Decision:

YOU CAN FLY ARDEN is declared a non-runner in Race 3 at this meeting.


Stewards sought a Ruling from the Committee as there is no provision under r213 for the Stewards to declare YOU CAN FLY ARDEN a non-runner.

The circumstances surrounding the Stewards' request for a Ruling are unusual. The Stewards were unable to abandon the race following the fall of THE ARTFUL DODGER or while SHADOW AVEROSS was loose on the track. The actions of Ms Ottley prevented any further potential incident but led to her horse YOU CAN FLY ARDEN missing its opportunity to fully compete in the race. Under the current rules (r213) there is no provision for the Stewards to declare a horse a non-runner, once the race has started.

The Committee has the power under r1104 (1) to scratch a horse from a race, although in this instance it requires a fairly loose interpretation. However, given the exceptional circumstances and in the interests of the Connections of the horse, Ms Ottley and the betting public the Stewards Request for a Ruling is reasonable.

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