Kapiti Coast HRC 27 January 2017 – R 7 – Chair, Mr T Utikere
ID: JCA16360
Meet Title:
Kapiti Coast HRC - 27 January 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2017/01/27
Race Number:
R3
Decision:
As the charge was admitted, the committee deemed the charge to be proved.
Penalty:
Mr D Ferguson is fined $400.
Facts:
Following the running of Race 7 (TEN PIN BOWLING/BEACH FM 106.3 MOBILE PACE 2100m), Junior Horseman D Ferguson was charged with a breach of Rule 869(2)(a). The Information stated: "... He used his whip excessively driving EVERYTHING over the final stages."
Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
As the hearing commenced, Mr P Ferguson asked for clarification about the application of Rule 869(2)(a), specifically whether 'free of the rein' constituted a hitting of the horse or not.
The committee asked Mr Mulcay to respond, and in doing so he read the Whip Use Guidelines that had come into effect on 1 December 2016. He advised that those Guidelines stated that the Stewards deemed the use of the whip throughout the race as: free of the rein, on the horse itself, on the sulky or dust sheet and Backhanders.
After receiving the clarity he required, Mr P Ferguson confirmed that he understood the rule and that he admitted the breach on Mr D Ferguson's behalf.
Stipendiary Steward Mr Mulcay stated that Mr D Ferguson (EVERYTHING) had raced three-wide without cover from the 1400 metres. Using the available side-on film, it was clear that EVERYTHING continued to race in the three-wide line as the runners ran for home. He observed that Mr Ferguson still had the reins in both hands and had activated the gear before going to a free hand. He also observed that he had used the whip in a controlled and acceptable manner early in the run home. In the final stages it was clear that he drove with more vigour and went on to win the race; but he used his whip approximately 13 times.
Mr P Ferguson submitted that it was clear that Mr D Ferguson did use the whip off the rein 13 times. Mr Mulcay accepted that it was not a serious breach of the rule.
Submissions for Penalty:
Mr Mulcay identified that Mr D Ferguson was a junior driver who had a clear record under this rule and that he had admitted the breach. He noted the JCA Penalty Guidelines for a first offence identified a $500 starting point or a 2 day suspension. He submitted it as a low range offence and sought a penalty accordingly. He confirmed that EVERYTHING went on to win the race, but that the stewards were not suggesting the horse had been unduly punished.
Mr P Ferguson said he agreed with everything Mr Mulcay had said and noted that the consistent penalty for a first offence seemed to be a $300 fine. Mr P Ferguson stated that as much as he would like to consider Mr D Ferguson as a junior driver with a clear record who had admitted the breach, he would leave that consideration up to the committee.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It is clear from the side-on film that Mr D Ferguson had used his whip 13 times within the final 400 metres. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 fine for a first breach. The committee determined that a fine was appropriate on this occasion and adopted the starting point of $500. Mr P Ferguson has suggested that the going rate for a Breach of Rule 869(2)(a) is a $300 fine, and much has been said of a standard $300 fine for an offence of this nature where the respondent has admitted the breach and has a good record. While that may be the quantum that a judicial committee ultimately imposes after careful consideration, we note that a breach of this rule is not a Minor Infringement (MIN) offence, so there is no specific penalty that must be imposed. Each committee approaching the question of penalty must assess each breach independently, having regard to the specific context and circumstances of the breach in question. In mitigation the committee considered Mr D Ferguson's early admission of the breach and his record under this rule. EVERYTHING went on to win the race by a neck margin. Mr Ferguson's decision to use his whip in a manner that exceeded the accepted guidelines, may have allowed EVERYTHING to gain an advantage over other place-getters who in contrast drove within the Guidelines, and as such, we have considered this to be an aggravating factor. After considering all factors of mitigation and aggravation we considered a $400 fine as 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: a99e031e35c433e954110df569317f5a
informantnumber: A7016
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2017
hearing_title: Kapiti Coast HRC 27 January 2017 - R 7 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7 (TEN PIN BOWLING/BEACH FM 106.3 MOBILE PACE 2100m), Junior Horseman D Ferguson was charged with a breach of Rule 869(2)(a). The Information stated: "... He used his whip excessively driving EVERYTHING over the final stages."
Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
As the hearing commenced, Mr P Ferguson asked for clarification about the application of Rule 869(2)(a), specifically whether 'free of the rein' constituted a hitting of the horse or not.
The committee asked Mr Mulcay to respond, and in doing so he read the Whip Use Guidelines that had come into effect on 1 December 2016. He advised that those Guidelines stated that the Stewards deemed the use of the whip throughout the race as: free of the rein, on the horse itself, on the sulky or dust sheet and Backhanders.
After receiving the clarity he required, Mr P Ferguson confirmed that he understood the rule and that he admitted the breach on Mr D Ferguson's behalf.
Stipendiary Steward Mr Mulcay stated that Mr D Ferguson (EVERYTHING) had raced three-wide without cover from the 1400 metres. Using the available side-on film, it was clear that EVERYTHING continued to race in the three-wide line as the runners ran for home. He observed that Mr Ferguson still had the reins in both hands and had activated the gear before going to a free hand. He also observed that he had used the whip in a controlled and acceptable manner early in the run home. In the final stages it was clear that he drove with more vigour and went on to win the race; but he used his whip approximately 13 times.
Mr P Ferguson submitted that it was clear that Mr D Ferguson did use the whip off the rein 13 times. Mr Mulcay accepted that it was not a serious breach of the rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge to be proved.
sumissionsforpenalty:
Mr Mulcay identified that Mr D Ferguson was a junior driver who had a clear record under this rule and that he had admitted the breach. He noted the JCA Penalty Guidelines for a first offence identified a $500 starting point or a 2 day suspension. He submitted it as a low range offence and sought a penalty accordingly. He confirmed that EVERYTHING went on to win the race, but that the stewards were not suggesting the horse had been unduly punished.
Mr P Ferguson said he agreed with everything Mr Mulcay had said and noted that the consistent penalty for a first offence seemed to be a $300 fine. Mr P Ferguson stated that as much as he would like to consider Mr D Ferguson as a junior driver with a clear record who had admitted the breach, he would leave that consideration up to the committee.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It is clear from the side-on film that Mr D Ferguson had used his whip 13 times within the final 400 metres. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 fine for a first breach. The committee determined that a fine was appropriate on this occasion and adopted the starting point of $500. Mr P Ferguson has suggested that the going rate for a Breach of Rule 869(2)(a) is a $300 fine, and much has been said of a standard $300 fine for an offence of this nature where the respondent has admitted the breach and has a good record. While that may be the quantum that a judicial committee ultimately imposes after careful consideration, we note that a breach of this rule is not a Minor Infringement (MIN) offence, so there is no specific penalty that must be imposed. Each committee approaching the question of penalty must assess each breach independently, having regard to the specific context and circumstances of the breach in question. In mitigation the committee considered Mr D Ferguson's early admission of the breach and his record under this rule. EVERYTHING went on to win the race by a neck margin. Mr Ferguson's decision to use his whip in a manner that exceeded the accepted guidelines, may have allowed EVERYTHING to gain an advantage over other place-getters who in contrast drove within the Guidelines, and as such, we have considered this to be an aggravating factor. After considering all factors of mitigation and aggravation we considered a $400 fine as appropriate.
penalty:
Mr D Ferguson is fined $400.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr D Ferguson - Junior Horseman
Otherperson: Mr P Ferguson - Licensed Horseman assisting Mr D Ferguson
PersonPresent:
Respondent:
StipendSteward:
raceid: 5f1a8ce017aa0c9338cbe12931e0cf1e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
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race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aa2df58a1c4b0adf560242207d64b7c3
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 27/01/2017
meet_title: Kapiti Coast HRC - 27 January 2017
meet_expappcomment:
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meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC