Waikouaiti HRC 26 February 2018 – R 7 – Chair, Prof G Hall
ID: JCA17999
Meet Title:
Waikouaiti HRC - 26 February 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/02/26
Race Number:
R 7
Decision:
As Mr Ferguson has admitted the breach it is found proved.
Penalty:
We impose a penalty of $350 and emphasise to Mr Ferguson the need to ensure he follows best practice with respect to the marking of the books being used by himself and his assistants.
Facts:
Following the running of race 7, the GOLDEN FLEECE HOTEL / SPEIGHTS BREWERIES TROT, Mr Tidmarsh lodged an information alleging that Mr Ferguson failed to ensure that WANDERING STAR and PICKETTS RIDGE were drawn up before the start in their correct positions.
Rule 861(1) provides as follows:
Each horse shall as far as is practicable be drawn up before the start upon its proper mark and position by the starter and/or his assistant(s).
Mr Tidmarsh stated that the charge arose out of the incident that had previously resulted in our ruling that WANDERING STAR and PICKETTS RIDGE be disqualified and deemed to be scratchings, as per r 862(3).
Mr N Williamson had earlier given evidence that he had queried the starter as to his correct barrier position and was told it was the outside of the front line.
Mr Ferguson said he was told prior to the start of the meeting that there were late scratchings. Because there were no mobile 1800 metre starts he had given his book to the assistant starter, Mr Johnson, as he was marshalling the horses. His book had the late scratchings marked and he failed to get his book back from Mr Johnson. He had the assistant starter’s book which did not have the late scratchings marked. He completely forgot about the late scratchings, hence his error. He said he used the book so he could refer to horses by name.
Mr Ferguson agreed he did not have a practice of sitting down with his assistants at the start of a meeting and ensuring their books were correctly marked. He said this was something he would look at doing in the future.
Submissions for Penalty:
Mr Tidmarsh produced the respondent's record, which was clear over the seven-year period he has been a starter. He said the charge arose out of Mr Ferguson’s error in not updating his replacement book. He said the Stewards had not previously had any issues with Mr Ferguson. He emphasised the late scratchings had cost the connections of the horses $170 each. He submitted a fine of $400 was appropriate.
Mr Ferguson apologised for his oversight. He emphasised that the starters in Otago were not very well paid.
Reasons for Penalty:
Mr Ferguson has a clear record and has admitted the breach. He has not attempted to blame anyone else in the sense that he has readily acknowledged it was his obligation to ensure the book he was using was up-to-date.
We note the position of starter is not one that is paid handsomely. However, the integrity of racing is brought into question with a breach of this nature. It is not a good look for the industry. There is no guideline in the Penalty Guide. Previous decisions involving similar but not identical breaches, suggest a penalty in the range of $300 to $400 might be considered.
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: e092572ffa45676418d122e50912a181
informantnumber: A10419
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Horse not drawn up in proper position
plea: admitted
penaltyrequired: 1
decisiondate: 05/03/2018
hearing_title: Waikouaiti HRC 26 February 2018 - R 7 - Chair, Prof G Hall
charge:
facts:
Following the running of race 7, the GOLDEN FLEECE HOTEL / SPEIGHTS BREWERIES TROT, Mr Tidmarsh lodged an information alleging that Mr Ferguson failed to ensure that WANDERING STAR and PICKETTS RIDGE were drawn up before the start in their correct positions.
Rule 861(1) provides as follows:
Each horse shall as far as is practicable be drawn up before the start upon its proper mark and position by the starter and/or his assistant(s).
Mr Tidmarsh stated that the charge arose out of the incident that had previously resulted in our ruling that WANDERING STAR and PICKETTS RIDGE be disqualified and deemed to be scratchings, as per r 862(3).
Mr N Williamson had earlier given evidence that he had queried the starter as to his correct barrier position and was told it was the outside of the front line.
Mr Ferguson said he was told prior to the start of the meeting that there were late scratchings. Because there were no mobile 1800 metre starts he had given his book to the assistant starter, Mr Johnson, as he was marshalling the horses. His book had the late scratchings marked and he failed to get his book back from Mr Johnson. He had the assistant starter’s book which did not have the late scratchings marked. He completely forgot about the late scratchings, hence his error. He said he used the book so he could refer to horses by name.
Mr Ferguson agreed he did not have a practice of sitting down with his assistants at the start of a meeting and ensuring their books were correctly marked. He said this was something he would look at doing in the future.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ferguson has admitted the breach it is found proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent's record, which was clear over the seven-year period he has been a starter. He said the charge arose out of Mr Ferguson’s error in not updating his replacement book. He said the Stewards had not previously had any issues with Mr Ferguson. He emphasised the late scratchings had cost the connections of the horses $170 each. He submitted a fine of $400 was appropriate.
Mr Ferguson apologised for his oversight. He emphasised that the starters in Otago were not very well paid.
reasonsforpenalty:
Mr Ferguson has a clear record and has admitted the breach. He has not attempted to blame anyone else in the sense that he has readily acknowledged it was his obligation to ensure the book he was using was up-to-date.
We note the position of starter is not one that is paid handsomely. However, the integrity of racing is brought into question with a breach of this nature. It is not a good look for the industry. There is no guideline in the Penalty Guide. Previous decisions involving similar but not identical breaches, suggest a penalty in the range of $300 to $400 might be considered.
penalty:
We impose a penalty of $350 and emphasise to Mr Ferguson the need to ensure he follows best practice with respect to the marking of the books being used by himself and his assistants.
hearing_type: Hearing
Rules: 861(1)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr W Ferguson - Starter
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d1a03c85ac3848a1b0ed81dbf1625a32
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 30771247e7d696874261e2cb0c30df56
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2018
meet_title: Waikouaiti HRC - 26 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Waikouaiti HRC