Archive Decision

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Manawatu HRC 19 November 2020 – R 2 – Chair, Mr N McCutcheon

ID: JCA14535

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr D Ferguson- Driver of CONTRACTUAL ISSUES

Information Number:
A10288

Hearing Type:
Hearing

New Charge:
Contravention of the use of whip regulations

Rules:
869(2) and Whip and Rein Regulations

Plea:
admitted

Meet Title:
Manawatu HRC - 19 November 2020

Meet Chair:
NMcCutcheon

Race Date:
2020/11/19

Race Number:
R 2

Decision:

Due to the charge being admitted together with the film evidence it was found proved.

Penalty:

Mr Ferguson was fined $200.

Facts:

Following the running of Race 2 (Farrier & Webb Mobile Pace), Information A10288 was filed with the Judicial Committee. It was alleged that Mr Ferguson used his whip with more than a wrist only flicking action.

Mr Ferguson said that he understood the Rule and Regulations and confirmed that he admitted the breach.

Mr Muirhead showed the film replays which clearly showed Mr Ferguson lifting his whip arm relatively high and striking his horse with some force.

Mr Ferguson said that he was having some trouble in coming to terms with the new whip restrictions but that he was trying.

Submissions for Penalty:

Mr Muirhead said that the JCA Penalty starting point for the breach was a fine of $200-$400. He submitted that the Committee consider a penalty towards the lower end.

Mr Ferguson did not comment.

Reasons for Penalty:

The new Whip and Rein Regulations have only been in force since 1 November and it is apparent that some drivers are having problems adapting to the restrictions that are in place. Whilst Mr Ferguson did use the whip with more than a wrist flicking action, his use was considered to be a minor breach.

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: 8fb252dfd762eaf26a1b6ed3331b174a


informantnumber: A10288


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the use of whip regulations


plea: admitted


penaltyrequired: 1


decisiondate: 22/11/2020


hearing_title: Manawatu HRC 19 November 2020 - R 2 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 2 (Farrier & Webb Mobile Pace), Information A10288 was filed with the Judicial Committee. It was alleged that Mr Ferguson used his whip with more than a wrist only flicking action.

Mr Ferguson said that he understood the Rule and Regulations and confirmed that he admitted the breach.

Mr Muirhead showed the film replays which clearly showed Mr Ferguson lifting his whip arm relatively high and striking his horse with some force.

Mr Ferguson said that he was having some trouble in coming to terms with the new whip restrictions but that he was trying.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Due to the charge being admitted together with the film evidence it was found proved.


sumissionsforpenalty:

Mr Muirhead said that the JCA Penalty starting point for the breach was a fine of $200-$400. He submitted that the Committee consider a penalty towards the lower end.

Mr Ferguson did not comment.


reasonsforpenalty:

The new Whip and Rein Regulations have only been in force since 1 November and it is apparent that some drivers are having problems adapting to the restrictions that are in place. Whilst Mr Ferguson did use the whip with more than a wrist flicking action, his use was considered to be a minor breach.


penalty:

Mr Ferguson was fined $200.


hearing_type: Hearing


Rules: 869(2) and Whip and Rein Regulations


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr D Ferguson- Driver of CONTRACTUAL ISSUES


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ea79bfe3cb2149e673f2d8d1618f1818


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a75a7eb38fe70aa9352b41f5f3ff9564


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/11/2020


meet_title: Manawatu HRC - 19 November 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Manawatu HRC