Archive Decision

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Cambridge/Te Awamutu HRC 11 January 2013 – R 5

ID: JCA16774

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr P Ferguson - Driver of SOFIA LOREN

Information Number:
A 2382

Hearing Type:
Hearing

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Cambridge HRC - 11 January 2013

Meet Chair:
JHolloway

Meet Committee Member 1:
AGodsalve

Race Date:
2013/01/11

Race Number:
R5

Decision:

As the breach was admitted the charge was found proved.

Penalty:

A fine of $200 was ordered.

Charge:

Driver P Ferguson drove 'Sofia Loren' carelessly striking the sulky wheel of 'Lislass' at the entrance of the passing lane in the run home during race 5.

Facts:

Stipendiary Steward Mr J Muirhead lodged an information charging driver Mr P Ferguson with careless driving over the concluding stages of race 5 when his horse 'Sofia Loren' struck the sulky wheel of 'Lislass'.

Mr Ferguson appeared for the hearing and admitted the charge.

Mr Muirhead referred the committee to video footage of the concluding stages of the race. He identified the relevant runners and the stage at which Mr Ferguson went to move from the trail into the passing lane in the run home. The footage showed 'Sofia Loren' striking the sulky wheel of 'Lislass' which resulted in his horse breaking briefly before regaining its correct gait and continuing forward to the finish line crossing in second place. No other horse was affected.

Subsequent to this 'Sofia Loren' was inspected by the course veterinarian and found to be acutely lame in the right front foreleg.

Submissions for Penalty:

Mr Muirhead told the hearing the recommended starting point for careless driving was a fine of $400. He said Mr Ferguson was frank and cooperative with the Stewards. He had no previous breaches which was an outstanding record considering the large number of drives he completed. No other horse or driver had been affected and 'Sofia Loren' had recovered quickly to finish in second place. He submitted an appropriate fine was in the range of $200 to $400.

Mr Ferguson told the hearing he had simply miscalculated when moving forward and had struck a wheel. His horse was travelling well and recovered quickly. There was no other interference and he was aware that other breaches of this nature attracted fines around $200.

Reasons for Penalty:

In arriving at an appropriate penalty the committee took into account Mr Ferguson's admission of guilt, his outstanding driving record and the fact that he had completed the race in second place without causing interference to any other runner as issues to his credit.  The level of carelessness was at the lower end of the scale.

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: 9f3d15d22988244aad3472d8b33b1b33


informantnumber: A 2382


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Cambridge/Te Awamutu HRC 11 January 2013 - R 5


charge:

Driver P Ferguson drove 'Sofia Loren' carelessly striking the sulky wheel of 'Lislass' at the entrance of the passing lane in the run home during race 5.


facts:

Stipendiary Steward Mr J Muirhead lodged an information charging driver Mr P Ferguson with careless driving over the concluding stages of race 5 when his horse 'Sofia Loren' struck the sulky wheel of 'Lislass'.

Mr Ferguson appeared for the hearing and admitted the charge.

Mr Muirhead referred the committee to video footage of the concluding stages of the race. He identified the relevant runners and the stage at which Mr Ferguson went to move from the trail into the passing lane in the run home. The footage showed 'Sofia Loren' striking the sulky wheel of 'Lislass' which resulted in his horse breaking briefly before regaining its correct gait and continuing forward to the finish line crossing in second place. No other horse was affected.

Subsequent to this 'Sofia Loren' was inspected by the course veterinarian and found to be acutely lame in the right front foreleg.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the charge was found proved.


sumissionsforpenalty:

Mr Muirhead told the hearing the recommended starting point for careless driving was a fine of $400. He said Mr Ferguson was frank and cooperative with the Stewards. He had no previous breaches which was an outstanding record considering the large number of drives he completed. No other horse or driver had been affected and 'Sofia Loren' had recovered quickly to finish in second place. He submitted an appropriate fine was in the range of $200 to $400.

Mr Ferguson told the hearing he had simply miscalculated when moving forward and had struck a wheel. His horse was travelling well and recovered quickly. There was no other interference and he was aware that other breaches of this nature attracted fines around $200.


reasonsforpenalty:

In arriving at an appropriate penalty the committee took into account Mr Ferguson's admission of guilt, his outstanding driving record and the fact that he had completed the race in second place without causing interference to any other runner as issues to his credit.  The level of carelessness was at the lower end of the scale.


penalty:

A fine of $200 was ordered.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr P Ferguson - Driver of SOFIA LOREN


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 48e1371965397d3fca0a67610fc35198


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7a99d868b58d313f1aa43767f78ced4f


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/01/2013


meet_title: Cambridge HRC - 11 January 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]


meet_otherexp:


tracklocation: cambridge-hrc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: AGodsalve


meet_pm2: none


name: Cambridge HRC