Manukau TC – 30 September 2005 – Race 1
ID: JCA19242
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 30 September 2005
Race Date:
2005/09/30
Race Number:
Race 1
Decision: --
Rule 859(3)(b) Easing Down Regulations
----An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr P Ferguson, driver of LA BELLA MAFIA alleging a breach of the above rule and regulations
| -- Rule 859(3)(b) Easing Down Regulations ----An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr P Ferguson, driver of LA BELLA MAFIA alleging a breach of the above rule and regulations in that he drove carelessly when attempting to move TOP SPIRIT driven by Mr R Paynter down towards the running line with about 1600m left to run, causing that horse to break and lose about 2 lengths. Mr Ferguson denied the breach and was present at the hearing. ----Mr Muirhead demonstrated the incident by use of the video film. He said Mr Ferguson had moved his horse in too quickly and that Mr Paynter had no time to react or relent. Mr Paynter said that Mr Ferguson had come down on him, forced him down and his horse galloped. He said he had attempted to hold his position and that he didn?t rush up. In response to a question from the Chairman, Mr Paynter said he didn?t have time to react to the inward movement of TOP SPIRIT. He said there was no calling out. Mr Ferguson said he had a clear advantage over Mr Paynter's horse, that Mr Paynter clicked up his horse, contributed to the incident and made no attempt to concede. He said he had moved his horse inwards in a gradual and acceptable manner. During the hearing the Chairman read to those present the Easing Down Regulations. ----Decision and Reasons: --This was simply a case of whether or not Mr Ferguson had moved TOP SPIRIT inwards in a gradual and acceptable manner. The committee found that the video evidence was very clear and indeed confirmed the evidence of Mr Muirhead and Mr Paynter that Mr Ferguson had moved his horse inwards too quickly. The committee, therefore, found the charge proven. ----Penalty: --Mr Muirhead suggested a fine in the vicinity $250-$500. He said Mr Ferguson had a clear driving record and that the offending was mid-range on the scale of seriousness. Mr Ferguson said it was a minor mistake and he believed it was at the lower end of the scale and that Mr Paynter had contributed to the incident and also that his own horse through inexperience had also contributed. In fixing penalty the committee took into account the following matters ? ----
-- -- -- -- -- Balancing all of those matters, the committee imposed a fine of $300. |
| -- |
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: 2b7581b4d9bdb675f7426205062d7690
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/09/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 30 September 2005 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Rule 859(3)(b) Easing Down Regulations
----An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr P Ferguson, driver of LA BELLA MAFIA alleging a breach of the above rule and regulations
| -- Rule 859(3)(b) Easing Down Regulations ----An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr P Ferguson, driver of LA BELLA MAFIA alleging a breach of the above rule and regulations in that he drove carelessly when attempting to move TOP SPIRIT driven by Mr R Paynter down towards the running line with about 1600m left to run, causing that horse to break and lose about 2 lengths. Mr Ferguson denied the breach and was present at the hearing. ----Mr Muirhead demonstrated the incident by use of the video film. He said Mr Ferguson had moved his horse in too quickly and that Mr Paynter had no time to react or relent. Mr Paynter said that Mr Ferguson had come down on him, forced him down and his horse galloped. He said he had attempted to hold his position and that he didn?t rush up. In response to a question from the Chairman, Mr Paynter said he didn?t have time to react to the inward movement of TOP SPIRIT. He said there was no calling out. Mr Ferguson said he had a clear advantage over Mr Paynter's horse, that Mr Paynter clicked up his horse, contributed to the incident and made no attempt to concede. He said he had moved his horse inwards in a gradual and acceptable manner. During the hearing the Chairman read to those present the Easing Down Regulations. ----Decision and Reasons: --This was simply a case of whether or not Mr Ferguson had moved TOP SPIRIT inwards in a gradual and acceptable manner. The committee found that the video evidence was very clear and indeed confirmed the evidence of Mr Muirhead and Mr Paynter that Mr Ferguson had moved his horse inwards too quickly. The committee, therefore, found the charge proven. ----Penalty: --Mr Muirhead suggested a fine in the vicinity $250-$500. He said Mr Ferguson had a clear driving record and that the offending was mid-range on the scale of seriousness. Mr Ferguson said it was a minor mistake and he believed it was at the lower end of the scale and that Mr Paynter had contributed to the incident and also that his own horse through inexperience had also contributed. In fixing penalty the committee took into account the following matters ? ----
-- -- -- -- -- Balancing all of those matters, the committee imposed a fine of $300. |
| -- |
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 859.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 081da9f1a695582deef15da70701b955
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2798d27dcff9968ef3b15a0214c3e5c4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2005
meet_title: Manukau TC - 30 September 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Manukau TC