HR Waikato 5 February 2017 – R 7 (heard 10 February 2017 at Alexandra Park) – Chair, Mr A Dooley

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startdate: 05/02/2017

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hearing_title: HR Waikato 5 February 2017 - R 7 (heard 10 February 2017 at Alexandra Park) - Chair, Mr A Dooley

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J Muirhead, Stipendiary Steward

Respondent: Mr D Ferguson, Licensed Junior Horseman

Other Parties: Mr P Ferguson, Open Horseman assisting Mr D Ferguson

Information: A7481

Meeting: HR Waikato 5 February 2017 (heard 10 February 2017 at Alexandra Park)

Venue: Cambridge Raceway

Rule: 869(2)(a)

Race: 7

Judicial Committee: Mr A Dooley - Chairman - Mr A Godsalve, Mr A Smith - Committee Members

Plea: Admitted

Charge: Excessive use of the whip

Evidence

Following the running of Race 7, the Alison Wallis Memorial Junior Drivers Mobile Pace, an Information was filed by Stipendiary Steward, Mr Muirhead. He alleged that at a race meeting conducted by Harness Racing Waikato at Tauranga on 5 February 2017 Mr D Ferguson used his whip excessively when driving P TOMADO out over the final stages. An alleged breach of Rule 869(2)(a) of the New Zealand Rules of Harness Racing.

Mr D Ferguson admitted the breach and confirmed that he understood the Rule. Mr D Ferguson was assisted at the hearing by Open Horseman Mr P Ferguson.

Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Muirhead identified on the video footage that Mr Ferguson struck P TOMADO 21 or 22 times over the final 400 metres. He said 7 of the strikes were free of the rein and the final 15 strikes were on a long rein and continuous. He said Mr Ferguson drove with some excitement and the perception by the public and the Stewards was the strikes were excessive.

Mr P Ferguson acknowledged that Mr D Ferguson struck P TOMADO 22 times over the final 400 metres. He said that 7 strikes were within the guidelines but accepted that the following 15 times were continuous.

Decision

As Mr Ferguson has admitted the breach we find the charge proved.

Submission for Penalty

Mr Muirhead said that Mr Ferguson admitted the breach and he should be given credit for that. He advised the Committee that Mr Ferguson breached this Rule on 27 January 2017. He said the JCA Penalty Guide recommends a 3 – 5 day suspension as a starting point for a second offence within 6 months. He said the Stewards believe a 2-day suspension would be correct because Mr Ferguson was a Junior Driver.

Mr Muirhead provided the Committee with the JCA decision from Kapiti Coast HRC on 27 January 2017.

Mr D Ferguson said that he misunderstood the new Rule and was happy with Mr Muirhead’s submission of a 2-day suspension. He added that he had engagements at Wanganui on 12 February and any proposed suspension could start after that date. Mr Ferguson declined the opportunity to utilise the full 7-day deferment that was offered to him.

Mr P Ferguson submitted that they would prefer a suspension over a fine and made reference to Ms Rasmussen’s recent case. He added that it was difficult for Junior Drivers to obtain raceday opportunities.

Mr P Ferguson was forthright in that Mr D Ferguson had no intention of driving in the South Island in the upcoming weeks.

Reasons for Penalty

The Committee carefully considered the evidence and submissions presented. The JCA Penalty Guide has a starting point of a 3 – 5 day suspension for a second breach of this Rule within 6 months.

The Committee notes that Mr P Ferguson received clarity regarding this Rule on 27 January 2017 from Stipendiary Steward, Mr Mulcay.

The only mitigating factor was Mr Ferguson’s admission of the breach for which he was given credit.

The Committee identified that Mr Ferguson struck P TOMADO 22 times over the final 400 metres which we consider to be in the mid – range. The frequency of strikes after the passing lane was continuous and we deem the severity to be in the mid – range. With this charge being Mr Ferguson’s second breach within a 2 week period it is a concern to the Committee and a further aggravating fact.

The Committee notes that P TOMADO finished in 2nd place, the official margin between 1st and 2nd was a head.

The Committee has referred to similar penalties since the introduction of the new whip guidelines effective from 1 December 2016. The most relevant was Ms Ottley on 26 December 2016 who incurred a 3 day suspension.

In fixing an appropriate penalty the Committee was mindful that Mr D Ferguson had only 1 drive at tonight’s race meeting which according to the JCA Penalty Guide equates to a fine of $50. We recognise that Mr D Ferguson generally has up to 4 drives at the lower grade meetings outside the Auckland/Waikato region. The Committee was clearly of the view that a 2 day suspension would not act as a sufficient uplift from Mr Ferguson’s most recent penalty of a $400 fine particularly given the aggravating factors in this case.

The Committee concurs with the RIU that the public perception regarding excessive whip use is paramount for the industry.

The Committee had regard to the fact that Mr Ferguson is a Junior Driver albeit an experienced one. We note that Mr Ferguson has had 118 drives this season and 796 total drives in New Zealand.

Penalty

After taking into account all the above factors the Committee imposes a suspension on Mr Ferguson commencing after racing on 12 February and concluding after racing on 2 March 2017 (3 days).

The meetings encompassed are: -

16 February – HR Waikato
24 February – Auckland TC
2 March – New Plymouth.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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