HR Waikato 29 December 2015 – R10 – Chair, Mr B Scott
ID: JCA17493
Meet Title:
Harness Racing Waikato - 29 December 2015
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2015/12/29
Race Number:
R10
Decision:
The charge is upheld.
Penalty:
This Committee imposes a suspension of Mr Ferguson's Horseman's Licence from the conclusion of racing today up to and including the conclusion of racing on the 10th of January 2016 . This takes into account Harness Racing Waikato on the 1st and 8th of January , Taurenikau on the 2nd of January and Thames on the 10th of January. We have not taken into account Auckland ion the 31st December 2015 because Mr Ferguson has acknowledged that he does not have any drives at that meeting.
Facts:
Following the running of the NIGEL PITCON/POWER FARMING MOBILE PACE an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Open Horseman, Mr PC Ferguson alleging that Mr Ferguson drove carelessly in that he drove COULD A DUNIT carelessly improving on the inside of MINSTREL BOY where there was insufficient room causing his own horse to fall with resultant interference to BENJI MAGUIRE (driver M Salaivao) with 125 metres to run.
Mr Ferguson was present at the hearing and advised the Committee that he denied the breach.
Rule 869(3)(b) provides that no horseman in any race shall drive - carelessly.
Mr Ferguson acknowledged that he understood the Rule.
Mr Muirhead demonstrated the incident by use of the race films. He showed where turning for home VC DELL was in front followed by WILL DESIRE with MINSTREL BOY following that horse 3 back and COULD A DUNIT 4 deep following MINSTREL BOY.
He did say that in the straight VC DELL ran out a little but he pointed to WILL DESIRE moving into the passing lane and then MINSTREL BOY then moving on the inside of that horse into the passing lane. He said there was sufficient room for MINSTREL BOY.
He pointed to Mr Ferguson trying to move COULD A DUNIT up on the inside of MINSTREL BOY and said that there was insufficient room for him to do so. He said that his horse came into contact with the sulky of MINSTREL BOY causing Mr Ferguson's horse to fall and that caused resultant interference to BENJI MAGUIRE which also fell. He also said that prior to the incident Mr Ferguson was driving his horse with the whip but there was no room for him.
Mr Mangos then gave evidence and he said the horse he was following took the passing lane and then there was sufficient room for him so he took the passing lane as well. He said there was no room on the inside of him for Mr Ferguson's horse. He said there was some pressure from the outside but there was sufficient room for the trailing horse and also for his horse.
In answer to a question from Mr Muirhead he said it wasn't prudent for Mr Ferguson to improve on his inside.
In answer to a question from Mr Ferguson he confirmed that there was not enough room for Mr Ferguson.
Stipendiary Steward, Mr S Mulcay then gave evidence and said that he watched the race from the Steward's viewing position and he was surprised to see Mr Ferguson attempt to drive up on the inside. He said that Mr Ferguson should have trailed Mr Mangos and waited to see if there was a run. He said that the movement by Mr Ferguson did not automatically entitle him to a run.
In answer to a question from Mr Ferguson he said that being 3 back does not entitle him to the passing lane.
Mr Z Butcher then gave evidence for Mr Ferguson. He said after turning for home his horse move about a cart width off the running line. He said that down the straight the horse outside him bumped his horse and he moved in about a quarter of a cart width.
In answer to a question from Mr Muirhead he said that at the time of the bump there was not sufficient room for 3 horses inside him.
Mr B Butcher then gave evidence for Mr Ferguson and he said that at the top of the straight his horse was lugging out but that he was able to get it down to the passing lane. He said that there was pressure from the outside and his horse drifted in.
Mr Muirhead had no questions of Mr Butcher.
Mr Ferguson then gave evidence and said that at the top of the straight the leader was one off and so he dropped down into the passing lane behind the 2nd and 3rd trailing horses. He said that those horses initially were not moving into the passing lane and there was plenty of room for his horse. He said that down the straight MINSTREL BOY moved in and he also said that the leader then moved in and as a result his horse ran out of room and he made contact with MINSTREL BOY'S wheel.
Mr Muirhead then asked him if he thought that Mr Mangos had signalled that he was moving into the passing lane. Mr Ferguson said he grabbed hold of his horse but it was too late.
Mr Muirhead then suggested to Mr Ferguson that a driver of his experience should have anticipated that the 2nd and 3rd trailing horses would have moved into the passing lane.
Submissions for Decision:
Mr Muirhead said that the films and the evidence clearly showed that there was no room for Mr Ferguson and that he had moved up inside MINSTREL BOY when he shouldn't have. He also pointed to the fact that not only was there insufficient room but that Mr Ferguson was driving his horse forward despite the fact that he was running out of room. He said Mr Ferguson was careless.
Mr Ferguson said he was on the marker line travelling in a straight line when movement inwards started from the horses outside of him and he ran out of room.
Reasons for Decision:
The films and the evidence are very clear. Mr Ferguson has moved into an area where he was not entitled to go and there was no room for him. As a result he has made contact with Mr Mangos's sulky and his horse has fallen. Mr Ferguson is guilty of careless driving.
He has also told us that he went into the passing lane and waited so by his own admission he was expecting the 2nd and 3rd trailing horses to move into the passing lane.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines which give starting point penalties of suspension of licence for 10 drives or a $500.00 fine. He said that the aggravating factor was that 2 horses fell and as far as seriousness is concerned he put it at the above medium range.
He said that Mr Ferguson's record under this rule was good and this should be taken into account.
Mr Muirhead submitted that a suspension of licence for 3 to 4 days plus a fine would be appropriate.
Mr Ferguson said that he couldn't afford a fine but he relied on his record which he said "speaks for itself" In the event of a suspension of licence Mr Ferguson was offered the chance of a 7 day deferment but he was happy for any suspension to begin immediately. He acknowledged that he did not have any drives at the Auckland Trotting Club meeting on the 31st of December.
Reasons for Penalty:
The films and evidence are very clear and clearly Mr Ferguson has been careless. Although 2 horses fell we do not place too much weight on the 2nd horse falling because we believe that Mr Salaivao has contributed to his horse falling by driving ahead regardless of the consequences.
Mr Ferguson has a good record under this rule but this is a clear case of careless driving and Mr Ferguson has denied his owners the opportunity to finish in a placing. We believe that a suspension of Mr Ferguson's Horseman's Licence is appropriate.
Decision Date: 12/01/2016
Publish Date: 12/01/2016
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: e9d885ac0a64e4fa8906d86dba8a9c29
informantnumber: A7466
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 12/01/2016
hearing_title: HR Waikato 29 December 2015 - R10 - Chair, Mr B Scott
charge:
facts:
Following the running of the NIGEL PITCON/POWER FARMING MOBILE PACE an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Open Horseman, Mr PC Ferguson alleging that Mr Ferguson drove carelessly in that he drove COULD A DUNIT carelessly improving on the inside of MINSTREL BOY where there was insufficient room causing his own horse to fall with resultant interference to BENJI MAGUIRE (driver M Salaivao) with 125 metres to run.
Mr Ferguson was present at the hearing and advised the Committee that he denied the breach.
Rule 869(3)(b) provides that no horseman in any race shall drive - carelessly.
Mr Ferguson acknowledged that he understood the Rule.
Mr Muirhead demonstrated the incident by use of the race films. He showed where turning for home VC DELL was in front followed by WILL DESIRE with MINSTREL BOY following that horse 3 back and COULD A DUNIT 4 deep following MINSTREL BOY.
He did say that in the straight VC DELL ran out a little but he pointed to WILL DESIRE moving into the passing lane and then MINSTREL BOY then moving on the inside of that horse into the passing lane. He said there was sufficient room for MINSTREL BOY.
He pointed to Mr Ferguson trying to move COULD A DUNIT up on the inside of MINSTREL BOY and said that there was insufficient room for him to do so. He said that his horse came into contact with the sulky of MINSTREL BOY causing Mr Ferguson's horse to fall and that caused resultant interference to BENJI MAGUIRE which also fell. He also said that prior to the incident Mr Ferguson was driving his horse with the whip but there was no room for him.
Mr Mangos then gave evidence and he said the horse he was following took the passing lane and then there was sufficient room for him so he took the passing lane as well. He said there was no room on the inside of him for Mr Ferguson's horse. He said there was some pressure from the outside but there was sufficient room for the trailing horse and also for his horse.
In answer to a question from Mr Muirhead he said it wasn't prudent for Mr Ferguson to improve on his inside.
In answer to a question from Mr Ferguson he confirmed that there was not enough room for Mr Ferguson.
Stipendiary Steward, Mr S Mulcay then gave evidence and said that he watched the race from the Steward's viewing position and he was surprised to see Mr Ferguson attempt to drive up on the inside. He said that Mr Ferguson should have trailed Mr Mangos and waited to see if there was a run. He said that the movement by Mr Ferguson did not automatically entitle him to a run.
In answer to a question from Mr Ferguson he said that being 3 back does not entitle him to the passing lane.
Mr Z Butcher then gave evidence for Mr Ferguson. He said after turning for home his horse move about a cart width off the running line. He said that down the straight the horse outside him bumped his horse and he moved in about a quarter of a cart width.
In answer to a question from Mr Muirhead he said that at the time of the bump there was not sufficient room for 3 horses inside him.
Mr B Butcher then gave evidence for Mr Ferguson and he said that at the top of the straight his horse was lugging out but that he was able to get it down to the passing lane. He said that there was pressure from the outside and his horse drifted in.
Mr Muirhead had no questions of Mr Butcher.
Mr Ferguson then gave evidence and said that at the top of the straight the leader was one off and so he dropped down into the passing lane behind the 2nd and 3rd trailing horses. He said that those horses initially were not moving into the passing lane and there was plenty of room for his horse. He said that down the straight MINSTREL BOY moved in and he also said that the leader then moved in and as a result his horse ran out of room and he made contact with MINSTREL BOY'S wheel.
Mr Muirhead then asked him if he thought that Mr Mangos had signalled that he was moving into the passing lane. Mr Ferguson said he grabbed hold of his horse but it was too late.
Mr Muirhead then suggested to Mr Ferguson that a driver of his experience should have anticipated that the 2nd and 3rd trailing horses would have moved into the passing lane.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that the films and the evidence clearly showed that there was no room for Mr Ferguson and that he had moved up inside MINSTREL BOY when he shouldn't have. He also pointed to the fact that not only was there insufficient room but that Mr Ferguson was driving his horse forward despite the fact that he was running out of room. He said Mr Ferguson was careless.
Mr Ferguson said he was on the marker line travelling in a straight line when movement inwards started from the horses outside of him and he ran out of room.
reasonsfordecision:
The films and the evidence are very clear. Mr Ferguson has moved into an area where he was not entitled to go and there was no room for him. As a result he has made contact with Mr Mangos's sulky and his horse has fallen. Mr Ferguson is guilty of careless driving.
He has also told us that he went into the passing lane and waited so by his own admission he was expecting the 2nd and 3rd trailing horses to move into the passing lane.
Decision:
The charge is upheld.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines which give starting point penalties of suspension of licence for 10 drives or a $500.00 fine. He said that the aggravating factor was that 2 horses fell and as far as seriousness is concerned he put it at the above medium range.
He said that Mr Ferguson's record under this rule was good and this should be taken into account.
Mr Muirhead submitted that a suspension of licence for 3 to 4 days plus a fine would be appropriate.
Mr Ferguson said that he couldn't afford a fine but he relied on his record which he said "speaks for itself" In the event of a suspension of licence Mr Ferguson was offered the chance of a 7 day deferment but he was happy for any suspension to begin immediately. He acknowledged that he did not have any drives at the Auckland Trotting Club meeting on the 31st of December.
reasonsforpenalty:
The films and evidence are very clear and clearly Mr Ferguson has been careless. Although 2 horses fell we do not place too much weight on the 2nd horse falling because we believe that Mr Salaivao has contributed to his horse falling by driving ahead regardless of the consequences.
Mr Ferguson has a good record under this rule but this is a clear case of careless driving and Mr Ferguson has denied his owners the opportunity to finish in a placing. We believe that a suspension of Mr Ferguson's Horseman's Licence is appropriate.
penalty:
This Committee imposes a suspension of Mr Ferguson's Horseman's Licence from the conclusion of racing today up to and including the conclusion of racing on the 10th of January 2016 . This takes into account Harness Racing Waikato on the 1st and 8th of January , Taurenikau on the 2nd of January and Thames on the 10th of January. We have not taken into account Auckland ion the 31st December 2015 because Mr Ferguson has acknowledged that he does not have any drives at that meeting.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer: Mr PC Ferguson - Open Horseman driver of COULD A DUNIT
Otherperson: Mr B Mangos - Open Horseman driver of MINSTREL BOY, Mr Z Butcher - Open Horseman driver of VC DELL, Mr S Mulcay - Stipendiary Steward, Mr B Butcher - Junior Horseman
PersonPresent:
Respondent:
StipendSteward:
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race_title: R10
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meetdate: 29/12/2015
meet_title: Harness Racing Waikato - 29 December 2015
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