Archive Decision

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Invercargill HRC 13 June 2020 – R 2 – Chair, Mr P Knowles

ID: JCA13743

Applicant:
Mr V Munro - Stipendiary Steward, Miss R Haley - Stipendiary Steward

Respondent(s):
Mr C Ferguson - Open Horseman

Information Number:
A12725

Hearing Type:
Hearing

New Charge:
Contravention of the Use of the Whip Regulations

Rules:
869 (2) & Whip Regulations

Plea:
admitted

Meet Title:
Invercargill HRC - 13 June 2020

Meet Chair:
PKnowles

Meet Committee Member 1:
NSkelt

Race Date:
2020/06/13

Race Number:
R2

Decision:

Mr Ferguson admitted the breach and it is found proved.

Penalty:

Mr Ferguson is fined $200.

Facts:

Mr Ferguson (HANS IDEAL) was charged with a breach of r 869 (2) and the Whip Regulations in that he used his whip excessively in Race 2. Mr Ferguson admitted the breach and appeared at the hearing.

Miss Haley, with the use of the video, pointed out the position of HANS IDEAL prior to the home turn. Mr Ferguson was seen to shift HANS IDEAL off the pole line and improve outside the leaders. Mr Munro stated that Mr Ferguson used his whip twice prior to the home turn and then another 12 times in the home straight. He said although Mr Ferguson had broken up his whip use, 14 times was excessive.

Mr Ferguson stated HANS IDEAL had been trying to win a race for some time. He said the mare was running on strongly and he had miscounted his whip use.

Submissions for Penalty:

Mr Munro stated Mr Ferguson had 264 drives last season and 206 this season. He had a previous breach of the rule on March 1st where he was fined $200. This was Mr Ferguson’s second breach and in the mid-range level of the JCA Penalty Guide. He sought a suspension of four days.

Mr Ferguson stated that he usually had five to six drives per meeting, but was currently down to two or three and was finding it difficult building up his drive numbers due to the limited opportunities. He would prefer a fine as opposed to a suspension.

Reasons for Penalty:

This is Mr Ferguson’s second breach of the rule since March 1st this year. While the JCA Penalty Guide recommends a suspension for a second breach, the committee has a discretion when considering a penalty. In this instance, given that Mr Ferguson’s ability to earn an income has been affected by circumstances beyond his control (Covid-19 Pandemic), a suspension would be an excessive penalty. However, Mr Ferguson did breach the rule and a fine at the lower end of the scale 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: 5f1c967873c4374003fc15cf0858b22e


informantnumber: A12725


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 16/06/2020


hearing_title: Invercargill HRC 13 June 2020 - R 2 - Chair, Mr P Knowles


charge:


facts:

Mr Ferguson (HANS IDEAL) was charged with a breach of r 869 (2) and the Whip Regulations in that he used his whip excessively in Race 2. Mr Ferguson admitted the breach and appeared at the hearing.

Miss Haley, with the use of the video, pointed out the position of HANS IDEAL prior to the home turn. Mr Ferguson was seen to shift HANS IDEAL off the pole line and improve outside the leaders. Mr Munro stated that Mr Ferguson used his whip twice prior to the home turn and then another 12 times in the home straight. He said although Mr Ferguson had broken up his whip use, 14 times was excessive.

Mr Ferguson stated HANS IDEAL had been trying to win a race for some time. He said the mare was running on strongly and he had miscounted his whip use.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Ferguson admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Munro stated Mr Ferguson had 264 drives last season and 206 this season. He had a previous breach of the rule on March 1st where he was fined $200. This was Mr Ferguson’s second breach and in the mid-range level of the JCA Penalty Guide. He sought a suspension of four days.

Mr Ferguson stated that he usually had five to six drives per meeting, but was currently down to two or three and was finding it difficult building up his drive numbers due to the limited opportunities. He would prefer a fine as opposed to a suspension.


reasonsforpenalty:

This is Mr Ferguson’s second breach of the rule since March 1st this year. While the JCA Penalty Guide recommends a suspension for a second breach, the committee has a discretion when considering a penalty. In this instance, given that Mr Ferguson’s ability to earn an income has been affected by circumstances beyond his control (Covid-19 Pandemic), a suspension would be an excessive penalty. However, Mr Ferguson did breach the rule and a fine at the lower end of the scale is appropriate.


penalty:

Mr Ferguson is fined $200.


hearing_type: Hearing


Rules: 869 (2) & Whip Regulations


Informant: Mr V Munro - Stipendiary Steward, Miss R Haley - Stipendiary Steward


JockeysandTrainer: Mr C Ferguson - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c0ba2afe8aae0d4657b028d1dad3a3d5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d394fe98fab6c2040f797a56fe4a72b9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/06/2020


meet_title: Invercargill HRC - 13 June 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: NSkelt


meet_pm2: none


name: Invercargill HRC