The Commission on November 29, 2007, conducted an investigation under Section 25 of the Jamaica Racing Commission Act into a report concerning incidents which occured at the start of races seven and 12 on the November 10 programme.

The report indicated that following the running of the seventh race, jockey Dane Nelson, the rider of THUNDER SQUAD, reported to the stewards that at the start of the race, his mount had charged the gates and, while he was trying to restrain his mount, the gates opened and the race, started. His horse lost ground and he then observed the recall flag being waved and he further restrained his mount. The race was not re-run.

Hearing evidence

The commission, after viewing the film of the race and hearing evidence from the starters, gate attendants and the jockey and trainer, concluded that: (a) Several gates had opened at different intervals, which seemed to suggest technical problems.(b) There was some negligence on the part of the gate attendant who momentarily waved the false start flag, then withdrew it. This led jockey Dane Nelson to react as he would to a false start and pull up his horse, THUNDER SQUAD, who lost his chances at the start.

The commission in the circumstances acceded to trainer Wayne DaCosta's request that he be given the opportunity to make a further written submission, which would quantify what he claimed to have lost in the race for a determination as to compensation by the promoting company.