Archive Decision

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HR Waikato 27 March 2014 – R 6

ID: JCA13028

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr D Ferguson - Junior Horseman

Other Person:
Mr P Ferguson - Senior Horseman assisting Mr D Ferguson

Information Number:
A3976

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

Rules:
Rule 869(2)(a)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 27 March 2014

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2014/03/27

Race Number:
R6

Decision:

The Charge is admitted and is accordingly upheld.

Penalty:

This Committee imposes a Fine of $200.00 on Mr Ferguson.

Facts:

Following the running of the DUNSTAN FEEDS JUNIOR DRIVERS MOBILE PACE  an Information was lodged by Stipendiary Steward  Mr JM Muirhead against Junior Horseman Mr D Ferguson alleging that he used his whip excessively driving NO LIABILITY over the concluding stages of the Race.

Mr Ferguson admitted the breach and did not wish to be present at the Hearing. Mr Muirhead advised the Committee that at the Steward's inquiry Mr Ferguson was assisted by his father Senior Horseman Mr P Ferguson.

Mr Muirhead demonstrated the incident by use of the Race Films and he showed that Mr Ferguson had used his whip 20 times in the last 300 metres of the Race. He said that in the Steward's view that was excessive. He also said that it was not a good look for the Public.

Submissions for Penalty:

Mr Muirhead said that the JCA Guidelines provide for a starting point Penalty of a fine of $300.00 or suspension of Licence for 6 Drives.

He did say however that Mr Ferguson may have been a bit zealous in driving to win because it was his first win in his Father's colours. He also said that the Committee should give Mr Ferguson credit for admitting the breach and that he is a Junior Driver. He submitted that a Fine of $200.00 was appropriate.

Reasons for Penalty:

The Committee viewed the Race Films which clearly showed Mr Ferguson's use of the Whip. It is clearly excessive and is not a good look as far as the viewing Public are concerned.

Mr Ferguson however is a Junior Driver and he has admitted the breach and we give him credit for that. We have checked other Penalties imposed under this Rule and agree that the level of Fine suggested by Mr Muirhead is appropriate.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 389633bfab079ce48c6329cfb796b83f


informantnumber: A3976


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 29/03/2014


hearing_title: HR Waikato 27 March 2014 - R 6


charge:


facts:

Following the running of the DUNSTAN FEEDS JUNIOR DRIVERS MOBILE PACE  an Information was lodged by Stipendiary Steward  Mr JM Muirhead against Junior Horseman Mr D Ferguson alleging that he used his whip excessively driving NO LIABILITY over the concluding stages of the Race.

Mr Ferguson admitted the breach and did not wish to be present at the Hearing. Mr Muirhead advised the Committee that at the Steward's inquiry Mr Ferguson was assisted by his father Senior Horseman Mr P Ferguson.

Mr Muirhead demonstrated the incident by use of the Race Films and he showed that Mr Ferguson had used his whip 20 times in the last 300 metres of the Race. He said that in the Steward's view that was excessive. He also said that it was not a good look for the Public.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge is admitted and is accordingly upheld.


sumissionsforpenalty:

Mr Muirhead said that the JCA Guidelines provide for a starting point Penalty of a fine of $300.00 or suspension of Licence for 6 Drives.

He did say however that Mr Ferguson may have been a bit zealous in driving to win because it was his first win in his Father's colours. He also said that the Committee should give Mr Ferguson credit for admitting the breach and that he is a Junior Driver. He submitted that a Fine of $200.00 was appropriate.


reasonsforpenalty:

The Committee viewed the Race Films which clearly showed Mr Ferguson's use of the Whip. It is clearly excessive and is not a good look as far as the viewing Public are concerned.

Mr Ferguson however is a Junior Driver and he has admitted the breach and we give him credit for that. We have checked other Penalties imposed under this Rule and agree that the level of Fine suggested by Mr Muirhead is appropriate.


penalty:

This Committee imposes a Fine of $200.00 on Mr Ferguson.


hearing_type: Hearing


Rules: Rule 869(2)(a)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Mr D Ferguson - Junior Horseman


Otherperson: Mr P Ferguson - Senior Horseman assisting Mr D Ferguson


PersonPresent:


Respondent:


StipendSteward:


raceid: 99272e860102832b51fd1ea75ee1c691


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fcba113308d4b62f4854d172836445c1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/03/2014


meet_title: Harness Racing Waikato - 27 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Harness Racing Waikato