Archive Decision

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Hawera HRC 21 April 2014 – R 5

ID: JCA15187

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr D Ferguson - Licensed Junior Horseman

Other Person:
Mr P Ferguson - Licensed Horseman assisting Mr D Ferguson, Mr R Neal - Co-Chief Stipendiary Steward

Information Number:
A3356

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Hawera HRC - 21 April 2014

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
ISmith

Race Date:
2014/04/21

Race Number:
R 5

Decision:

As Mr Ferguson admitted the breach it was found to be proved.

Penalty:

Mr D Ferguson was fined $200.

Facts:

Following the running of Race 5 (Murray Bro/Rd Livestock Mobile Pace 2000m) Information No: A3356 was filed with the Judicial Committee. The Information alleged that Mr D Ferguson used his whip excessively in the final straight. (Mr Ferguson drove HANOVER COURAGE).

Rule 869(2)(a) reads:

No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.

Mr Ferguson acknowledged that he understood the charge and the rule and confirmed that he admitted the breach.

Submissions for Penalty:

Mr Tidmarsh showed Mr Ferguson’s drive on film replays and said that Mr Ferguson had struck his horse 21 times with the whip.

He said that Mr Ferguson had had one previous fine for excessive whip use, that being in March 2014, when he was fined $250.

He submitted that a fine of a similar amount would be appropriate.

Mr P Ferguson said that Mr D Ferguson had used the whip 21 times, but that the first 4 only hit the dustsheet. He added that he had to drive his horse out as it was in a close finish for fourth placing. He asked that any penalty given be consistent with other penalties that have been imposed on junior drivers. He also said that Mr D Ferguson had only been driving in races since October 2013.

Mr D Ferguson did not have any comment to make.

Reasons for Penalty:

In fixing penalty the committee took into account the admission of the breach, Mr Ferguson’s limited experience and other penalties imposed for similar breaches.

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: 734f901e8d0ac521901fb8b810134229


informantnumber: A3356


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 20/04/2014


hearing_title: Hawera HRC 21 April 2014 - R 5


charge:


facts:

Following the running of Race 5 (Murray Bro/Rd Livestock Mobile Pace 2000m) Information No: A3356 was filed with the Judicial Committee. The Information alleged that Mr D Ferguson used his whip excessively in the final straight. (Mr Ferguson drove HANOVER COURAGE).

Rule 869(2)(a) reads:

No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.

Mr Ferguson acknowledged that he understood the charge and the rule and confirmed that he admitted the breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Ferguson admitted the breach it was found to be proved.


sumissionsforpenalty:

Mr Tidmarsh showed Mr Ferguson’s drive on film replays and said that Mr Ferguson had struck his horse 21 times with the whip.

He said that Mr Ferguson had had one previous fine for excessive whip use, that being in March 2014, when he was fined $250.

He submitted that a fine of a similar amount would be appropriate.

Mr P Ferguson said that Mr D Ferguson had used the whip 21 times, but that the first 4 only hit the dustsheet. He added that he had to drive his horse out as it was in a close finish for fourth placing. He asked that any penalty given be consistent with other penalties that have been imposed on junior drivers. He also said that Mr D Ferguson had only been driving in races since October 2013.

Mr D Ferguson did not have any comment to make.


reasonsforpenalty:

In fixing penalty the committee took into account the admission of the breach, Mr Ferguson’s limited experience and other penalties imposed for similar breaches.


penalty:

Mr D Ferguson was fined $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr D Ferguson - Licensed Junior Horseman


Otherperson: Mr P Ferguson - Licensed Horseman assisting Mr D Ferguson, Mr R Neal - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fc41822a936e8170103ee1e1b544120a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6071d499cd41530d00f5ef4cf79e0b0d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/04/2014


meet_title: Hawera HRC - 21 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawera-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: ISmith


meet_pm2: none


name: Hawera HRC