Kapiti Coast HRC 1 February 2019 – R 7 – Chair, Mr P Williams
ID: JCA14312
Meet Title:
Kapiti Coast HRC - 1 February 2019
Meet Chair:
PWilliams
Meet Committee Member 1:
NMoffatt
Race Date:
2019/02/01
Race Number:
R7
Decision:
As Mr Ferguson has admitted the breach of the Rule the charge is found proved.
Penalty:
Mr Ferguson is suspended for the close of racing on Sunday 3 February 2019 to the close of racing on Friday 8 February 2019.
Facts:
Following the running of Race 7, the “Grant Plumbing 2019 Wellington Cup”, Information A10588 was filed by Stipendiary Steward, Mr S Mulcay alleging a breach of Rule 869)(4) and Clause 4 of the Passing Lane Regulations by Open Horseman, Mr P Ferguson. The Information said that (Mr Ferguson)”failed to leave full access to the Passing Lane for the trailing “Mister Harris” (K More) early in the run home”. Mr Ferguson indicated on the Information that he admitted the breach and confirmed that was correct at the beginning of the hearing and also that he understood the Rule and Regulation under which he had been charged.
Rule 869 (4) states:- “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations states:- “In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane”.
The hearing followed a protest hearing in which “Fleeting Grin” driven by Mr Ferguson was relegated from 4th to 5th position for failing to allow another runner access to the passing lane.
Both Mr Mulcay and Mr Ferguson requested that all the evidence and submissions from the protest hearing be entered into the record for the hearing of the charge and this was agreed to. Because this hearing is a separate hearing from the protest, for completeness the following is a brief summation only of the key points previously raised by Mr Mulcay and Mr Ferguson which the Committee have considered when coming to our decision on penalty in relation to this breach of Rule 869(4) and Clause 4 of the Passing Lane Regulations.
In showing the films of the incident Mr Mulcay identified Mr Ferguson driving “Fleeting Grin” trailing the leader “Gotta Moment” driven by Mr S Abernethy and trailing Mr Ferguson was Mr More driving “Mister Harris”. Mr Mulcay said as the horses rounded the final bend and straightened for the run to the finish and approximately 20-30m prior to the start of the passing lane, “Gotta Moment” commenced to move wider on the track which meant “Fleeting Grin” became the lead horse on the markers when reaching the beginning of the passing lane. He said this was supported by the side on view just prior to the passing lane which he said showed Mr Ferguson had moved into the position previously occupied by Mr Abernethy which meant Mr Ferguson was the lead horse on the markers. As such, Mr Ferguson’s obligations under Clause 4 of the PL Regs required him to maintain a straight course to the finish if he had an uninterrupted run but, over a period of 30-40m, Mr Ferguson drifted into the passing lane denying Mr More, who was directly behind him, access to it. He concluded by saying that the Committee in determining the outcome of the protest had agreed with his interpretation of the events as they unfolded in the run to the finish line.
As in his submissions at the protest hearing Mr Ferguson said he was not the leader of the Race when the passing lane became available but was at that point trailing the leader and therefore entitled to move into the passing lane at the earliest opportunity. He said he believed Mr More was not entitled to the passing lane because it had been correctly taken by the him (Mr Ferguson) in the trail.
Submissions for Penalty:
Mr Mulcay said Mr Ferguson had a clear record in relation to this Rule and had readily admitted the breach once the outcome of the earlier protest was known. He added the only aggravating factor was that Mr Ferguson’s actions had seen him relegated from 4th to 5th in the Race. He said the JCA Penalty Guidelines stated the starting point for a breach of this Rule was a 6 drives suspension or a $300 fine and submitted that a fine of $300 was an appropriate penalty.
Mr Ferguson said he preferred a suspension to a fine given the costs he had incurred in coming to this 2 day meeting. In response Mr Mulcay said that based on the number of drives Mr Ferguson had at a meeting any suspension should be not less than 2 days.
Reasons for Penalty:
The Committee has reviewed the head and side on views of the Race from the top of the straight. The head on film clearly shows as the horses straightened for the run to the finish Mr Abernethy shifted up the track at least one cart width which meant Mr Ferguson automatically went from being the trailer to the leader on the marker line. The films show the outward movement by Mr Abernethy commenced approximately 20-30m prior to the beginning of the passing lane which meant at the beginning of the passing lane Mr Ferguson was the leader and required to maintain a straight line and allow the trailing horse access to the passing lane. Through not maintaining as straight a course as possible Mr More was denied rightful access to the passing lane as the trailer behind Mr Ferguson and therefore Mr Ferguson is clearly in breach of Rule 869)(4) and Clause 4 of the Passing Lane Regulations.
The Committee notes the mitigating and aggravating factors stated by Mr Mulcay and also Mr Ferguson’s request that a period of suspension be imposed rather than a fine. The Committee also notes Mr Mulcay had no objections to a suspension being imposed.
Taking all the above into account the Committee has decided on this occasion a period of suspension is an appropriate penalty and Mr Ferguson is suspended for 2 days.
JCA Decision Fields (raw)
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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: 7376acaf05c6012d4ae89ae37952ef37
informantnumber: A10588
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to leave full access to the Passing Lane
plea: admitted
penaltyrequired: 1
decisiondate: 04/02/2019
hearing_title: Kapiti Coast HRC 1 February 2019 - R 7 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 7, the “Grant Plumbing 2019 Wellington Cup”, Information A10588 was filed by Stipendiary Steward, Mr S Mulcay alleging a breach of Rule 869)(4) and Clause 4 of the Passing Lane Regulations by Open Horseman, Mr P Ferguson. The Information said that (Mr Ferguson)”failed to leave full access to the Passing Lane for the trailing “Mister Harris” (K More) early in the run home”. Mr Ferguson indicated on the Information that he admitted the breach and confirmed that was correct at the beginning of the hearing and also that he understood the Rule and Regulation under which he had been charged.
Rule 869 (4) states:- “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations states:- “In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane”.
The hearing followed a protest hearing in which “Fleeting Grin” driven by Mr Ferguson was relegated from 4th to 5th position for failing to allow another runner access to the passing lane.
Both Mr Mulcay and Mr Ferguson requested that all the evidence and submissions from the protest hearing be entered into the record for the hearing of the charge and this was agreed to. Because this hearing is a separate hearing from the protest, for completeness the following is a brief summation only of the key points previously raised by Mr Mulcay and Mr Ferguson which the Committee have considered when coming to our decision on penalty in relation to this breach of Rule 869(4) and Clause 4 of the Passing Lane Regulations.
In showing the films of the incident Mr Mulcay identified Mr Ferguson driving “Fleeting Grin” trailing the leader “Gotta Moment” driven by Mr S Abernethy and trailing Mr Ferguson was Mr More driving “Mister Harris”. Mr Mulcay said as the horses rounded the final bend and straightened for the run to the finish and approximately 20-30m prior to the start of the passing lane, “Gotta Moment” commenced to move wider on the track which meant “Fleeting Grin” became the lead horse on the markers when reaching the beginning of the passing lane. He said this was supported by the side on view just prior to the passing lane which he said showed Mr Ferguson had moved into the position previously occupied by Mr Abernethy which meant Mr Ferguson was the lead horse on the markers. As such, Mr Ferguson’s obligations under Clause 4 of the PL Regs required him to maintain a straight course to the finish if he had an uninterrupted run but, over a period of 30-40m, Mr Ferguson drifted into the passing lane denying Mr More, who was directly behind him, access to it. He concluded by saying that the Committee in determining the outcome of the protest had agreed with his interpretation of the events as they unfolded in the run to the finish line.
As in his submissions at the protest hearing Mr Ferguson said he was not the leader of the Race when the passing lane became available but was at that point trailing the leader and therefore entitled to move into the passing lane at the earliest opportunity. He said he believed Mr More was not entitled to the passing lane because it had been correctly taken by the him (Mr Ferguson) in the trail.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ferguson has admitted the breach of the Rule the charge is found proved.
sumissionsforpenalty:
Mr Mulcay said Mr Ferguson had a clear record in relation to this Rule and had readily admitted the breach once the outcome of the earlier protest was known. He added the only aggravating factor was that Mr Ferguson’s actions had seen him relegated from 4th to 5th in the Race. He said the JCA Penalty Guidelines stated the starting point for a breach of this Rule was a 6 drives suspension or a $300 fine and submitted that a fine of $300 was an appropriate penalty.
Mr Ferguson said he preferred a suspension to a fine given the costs he had incurred in coming to this 2 day meeting. In response Mr Mulcay said that based on the number of drives Mr Ferguson had at a meeting any suspension should be not less than 2 days.
reasonsforpenalty:
The Committee has reviewed the head and side on views of the Race from the top of the straight. The head on film clearly shows as the horses straightened for the run to the finish Mr Abernethy shifted up the track at least one cart width which meant Mr Ferguson automatically went from being the trailer to the leader on the marker line. The films show the outward movement by Mr Abernethy commenced approximately 20-30m prior to the beginning of the passing lane which meant at the beginning of the passing lane Mr Ferguson was the leader and required to maintain a straight line and allow the trailing horse access to the passing lane. Through not maintaining as straight a course as possible Mr More was denied rightful access to the passing lane as the trailer behind Mr Ferguson and therefore Mr Ferguson is clearly in breach of Rule 869)(4) and Clause 4 of the Passing Lane Regulations.
The Committee notes the mitigating and aggravating factors stated by Mr Mulcay and also Mr Ferguson’s request that a period of suspension be imposed rather than a fine. The Committee also notes Mr Mulcay had no objections to a suspension being imposed.
Taking all the above into account the Committee has decided on this occasion a period of suspension is an appropriate penalty and Mr Ferguson is suspended for 2 days.
penalty:
Mr Ferguson is suspended for the close of racing on Sunday 3 February 2019 to the close of racing on Friday 8 February 2019.
hearing_type: Hearing
Rules: 869(4) and Passing Lane Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr P Ferguson - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9faac4b4e1b42d0a9deb5acf24da310c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 37df8503bada4ccf118f6e91d7df3d42
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/02/2019
meet_title: Kapiti Coast HRC - 1 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMoffatt
meet_pm2: none
name: Kapiti Coast HRC