NZ Metro TC 25 March 2911 – R 5
ID: JCA17031
Meet Title:
NZ Metro TC - 25 March 2011
Meet Chair:
BRowe
Meet Committee Member 1:
JPhelan
Meet Committee Member 2:
RMcKenzie
Race Date:
2011/03/25
Race Number:
R 5
Decision:
For the above reasons the charge is dismissed.
Charge:
Horseman P Ferguson allowed NIGHT OF THE STARS to shift outwards, cramping DOUGIE MAGUIRE out onto CORINGA CORY (D Dunn) causing interference to DOUGIE MAGUIRE shortly after the start.
Facts:
Mr Butcher said NIGHT OF THE STARS drifted out a bit, my horse followed it out, its leg touched the wheel of the horse outside me (CORINGA CORY) and it galloped.
In cross examination Mr Butcher agreed NIGHT OF THE STARS had “ducked out” and that Mr Ferguson had quickly corrected it. He confirmed there was no contact between DOUGIE MAGUIRE and NIGHT OF THE STARS.
Mr McIntyre showed and interpreted the video films of the incident. He said NIGHT OF THE STARS had drawn barrier one and had shifted out after the start, tightened DOUGIE MAGUIRE onto CORINGA CORY resulting in DOUGIE MAGUIRE breaking. He said NIGHT OF THE STARS had shifted out half a cart before Mr Ferguson took any corrective action – he had done too little too late.
Mr Ferguson said NIGHT OF THE STARS had drifted out a touch – he had it under a rein to keep it in a straight line – he cleared Mr Butcher, NIGHT OF THE STARS came out for a stride and he instantly straightened it. He said Mr Butcher’s horse had followed NIGHT OF THE STARS outwards. He denied allowing NIGHT OF THE STARS to shift out and said he had done everything possible to avoid an incident.
Submissions for Decision:
Mr McIntyre summed up in accord with the evidence he had given. He said Mr Butcher’s horse was already cramped up before Mr Ferguson took any action.
In his summary Mr Ferguson said he did not allow NIGHT OF THE STARS to shift out – it was wanting to lug out – he had it under a hold and was taking corrective action the whole way – the horse may have resented this causing it to “duck out” – that took him by surprise and it was that outward movement which caused Mr Butcher’s horse to get cramped.
Reasons for Decision:
The evidence of Mr Ferguson that NIGHT OF THE STARS “ducked out” and he instantly straightened, it was not challenged. The question to be answered is whether or not Mr Ferguson took any action to prevent NIGHT OF THE STARS drifting out before DOUGIE MAGUIRE was cramped for room. There is a direct conflict of evidence between Mr McIntyre and Mr Ferguson. We have extensively reviewed the video films; however we are left in a state of doubt.
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: c486506cc9f5a9fabe00c04fb146c651
informantnumber: 68947
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 24/02/2011
hearing_title: NZ Metro TC 25 March 2911 - R 5
charge:
Horseman P Ferguson allowed NIGHT OF THE STARS to shift outwards, cramping DOUGIE MAGUIRE out onto CORINGA CORY (D Dunn) causing interference to DOUGIE MAGUIRE shortly after the start.
facts:
Mr Butcher said NIGHT OF THE STARS drifted out a bit, my horse followed it out, its leg touched the wheel of the horse outside me (CORINGA CORY) and it galloped.
In cross examination Mr Butcher agreed NIGHT OF THE STARS had “ducked out” and that Mr Ferguson had quickly corrected it. He confirmed there was no contact between DOUGIE MAGUIRE and NIGHT OF THE STARS.
Mr McIntyre showed and interpreted the video films of the incident. He said NIGHT OF THE STARS had drawn barrier one and had shifted out after the start, tightened DOUGIE MAGUIRE onto CORINGA CORY resulting in DOUGIE MAGUIRE breaking. He said NIGHT OF THE STARS had shifted out half a cart before Mr Ferguson took any corrective action – he had done too little too late.
Mr Ferguson said NIGHT OF THE STARS had drifted out a touch – he had it under a rein to keep it in a straight line – he cleared Mr Butcher, NIGHT OF THE STARS came out for a stride and he instantly straightened it. He said Mr Butcher’s horse had followed NIGHT OF THE STARS outwards. He denied allowing NIGHT OF THE STARS to shift out and said he had done everything possible to avoid an incident.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre summed up in accord with the evidence he had given. He said Mr Butcher’s horse was already cramped up before Mr Ferguson took any action.
In his summary Mr Ferguson said he did not allow NIGHT OF THE STARS to shift out – it was wanting to lug out – he had it under a hold and was taking corrective action the whole way – the horse may have resented this causing it to “duck out” – that took him by surprise and it was that outward movement which caused Mr Butcher’s horse to get cramped.
reasonsfordecision:
The evidence of Mr Ferguson that NIGHT OF THE STARS “ducked out” and he instantly straightened, it was not challenged. The question to be answered is whether or not Mr Ferguson took any action to prevent NIGHT OF THE STARS drifting out before DOUGIE MAGUIRE was cramped for room. There is a direct conflict of evidence between Mr McIntyre and Mr Ferguson. We have extensively reviewed the video films; however we are left in a state of doubt.
Decision:
For the above reasons the charge is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N McIntyre - Stipendiary Steward
JockeysandTrainer: Mr P Ferguson
Otherperson: Mr D Butcher - driver of DOUGIE MAGUIRE
PersonPresent:
Respondent:
StipendSteward:
raceid: 9a0fe88797971fc400a9f8dc615631cf
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: f5fb339df6bf0063caa741f5f3523bb9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/03/2011
meet_title: NZ Metro TC - 25 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: BRowe
meet_pm1: JPhelan
meet_pm2: RMcKenzie
name: NZ Metro TC