Franklin TC – 4 March 2008 – Race 3
ID: JCA20328
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 4 March 2008
Race Date:
2008/03/04
Race Number:
Race 3
Decision:
An information was filed following race no 3. The informant was Mr J. M. Muirhead, and the information alleged that driver Mr P.C.Ferguson the driver of Time Wizard used his whip excessively during the run home on that horse.
An information was filed following race no 3. The informant was Mr J. M. Muirhead, and the information alleged that driver Mr P.C.Ferguson the driver of Time Wizard used his whip excessively during the run home on that horse.
--Mr Ferguson did not admit the breach of this rule and was present at the hearing of this information.
--Mr Muirhead read the relevant rule and opened his case by showing the video of the run home from or about the 200 meter mark. The video showed Time Wizard driven by Mr P.C.Ferguson challenging for the lead and under a drive from Mr Ferguson, Mr Muirhead stated in his evidence that Mr Ferguson had struck Time Wizard with the whip on at least 20 times in the run to the finishing line. Mr Muirhead stated that this was excessive and a clear breach of this rule.
--Mr Ferguson denied that this was excessive and said in evidence that Time Wizard was a lazy horse the favorite for the race and this horse needed to be struck with the whip to keep his mind on the job. Mr Ferguson called the trainer of Time Wizard Mr G. Dixon who stated this horse was lazy and needed to be kept up to his work, Mr. Dixon stated this was the laziest horse that he trained and had he not been struck with the whip he would have finished well down the track.
--Mr. Dixon also stated that he did not like the whip used to excess on his horses.
--Mr.Ferguson acknowleged on viewing the video of the run home that he had indeed struck Time Wizard at least 20 times in the run to the finish line
--Mr Muirhead summed up and asked Mr Ferguson if he was aware of the guidelines for horsemen as circulated in the Harness Racing Weekly by the Chief Stipendiary Steward and posted on notice boards at most tracks as to the use of the whip, Mr. Muirhead read the relevant clause to Mr Ferguson and Mr.Ferguson indicated he was aware of these regulations however stated he did not read these regulations on as regular basis.
--Mr Ferguson on summing up maintained his use of the whip on Time Wizard were not excessive.
----
Decision And Reasons.
--Having viewed the video of the finish of this race it is clear that Mr.Ferguson is in breach of rule 869 (2) (a) as charged, I find the charge proven.
--I have also taken into consideration the evidence of Mr Muirhead, Mr.Dixon and Mr.Ferguson.
--Time Wizard was struck with the whip on at least 20 occasions in the run home from the 200 meter mark to the finish line with no pauses in the use of the whip on Time Wizard as defined in the regulations for use of the whip by the Chief Stipendiary Steward and widely circulated to all horseman.
--Submission’s on penalty were submitted from both Mr.Muirhead and Mr.Ferguson.
--Mr. Muirhead sought a $250.00 fine for a first offence. Mr.Ferguson suggested this was too high.
--Mr Ferguson’s driving record showed no breaches of this rule.
--A fine of $250.00 was imposed in this instance.
----
--
Kevin G Coutts
--Chairman
----
--
--
--
--
--
--
--
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: 6376105d24bd3ea3a42b6e652f0e512b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 4 March 2008 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed following race no 3. The informant was Mr J. M. Muirhead, and the information alleged that driver Mr P.C.Ferguson the driver of Time Wizard used his whip excessively during the run home on that horse.
An information was filed following race no 3. The informant was Mr J. M. Muirhead, and the information alleged that driver Mr P.C.Ferguson the driver of Time Wizard used his whip excessively during the run home on that horse.
--Mr Ferguson did not admit the breach of this rule and was present at the hearing of this information.
--Mr Muirhead read the relevant rule and opened his case by showing the video of the run home from or about the 200 meter mark. The video showed Time Wizard driven by Mr P.C.Ferguson challenging for the lead and under a drive from Mr Ferguson, Mr Muirhead stated in his evidence that Mr Ferguson had struck Time Wizard with the whip on at least 20 times in the run to the finishing line. Mr Muirhead stated that this was excessive and a clear breach of this rule.
--Mr Ferguson denied that this was excessive and said in evidence that Time Wizard was a lazy horse the favorite for the race and this horse needed to be struck with the whip to keep his mind on the job. Mr Ferguson called the trainer of Time Wizard Mr G. Dixon who stated this horse was lazy and needed to be kept up to his work, Mr. Dixon stated this was the laziest horse that he trained and had he not been struck with the whip he would have finished well down the track.
--Mr. Dixon also stated that he did not like the whip used to excess on his horses.
--Mr.Ferguson acknowleged on viewing the video of the run home that he had indeed struck Time Wizard at least 20 times in the run to the finish line
--Mr Muirhead summed up and asked Mr Ferguson if he was aware of the guidelines for horsemen as circulated in the Harness Racing Weekly by the Chief Stipendiary Steward and posted on notice boards at most tracks as to the use of the whip, Mr. Muirhead read the relevant clause to Mr Ferguson and Mr.Ferguson indicated he was aware of these regulations however stated he did not read these regulations on as regular basis.
--Mr Ferguson on summing up maintained his use of the whip on Time Wizard were not excessive.
----
Decision And Reasons.
--Having viewed the video of the finish of this race it is clear that Mr.Ferguson is in breach of rule 869 (2) (a) as charged, I find the charge proven.
--I have also taken into consideration the evidence of Mr Muirhead, Mr.Dixon and Mr.Ferguson.
--Time Wizard was struck with the whip on at least 20 occasions in the run home from the 200 meter mark to the finish line with no pauses in the use of the whip on Time Wizard as defined in the regulations for use of the whip by the Chief Stipendiary Steward and widely circulated to all horseman.
--Submission’s on penalty were submitted from both Mr.Muirhead and Mr.Ferguson.
--Mr. Muirhead sought a $250.00 fine for a first offence. Mr.Ferguson suggested this was too high.
--Mr Ferguson’s driving record showed no breaches of this rule.
--A fine of $250.00 was imposed in this instance.
----
--
Kevin G Coutts
--Chairman
----
--
--
--
--
--
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 32b00c9cffd3f9bc43c7a34e9a529194
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b6c17f1ef7a49b903733f040c686682
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2008
meet_title: Franklin TC - 4 March 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Franklin TC