Northern Southland TC 10 March 2018 – R 7 – Chair, Mr M Conway
ID: JCA20892
Hearing Type (Code):
harness-racing
Meet Title:
Northern Southland TC - 10 March 2018
Meet Chair:
PKnowles
Meet Committee Member 1:
MConway
Race Date:
2018/03/10
Race Number:
R 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr L Tidmarsh - Stipendiary Steward
Respondent: Mr C Ferguson – Open Driver
Information No: A10426
Meeting: Northern Southland Trotting Club
Date: 10 March 2018
Venue: Ascot park
Race: 7
Rule No: 869(3)(b)
Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member
Also Present: Mr S Renault – Stipendiary Steward
Charge: Careless Driving
Plea: Admitted
Evidence:
Following the running of Race 7, the Caduceus Club Of Southland Super Nugget Final, an Information was filed by Stipendiary Steward, Mr Tidmarsh, against Licensed Open Driver, Mr C Ferguson, alleging that Mr Ferguson (THE BULL PEN) “drove carelessly entering the first bend when insufficiently clear of THE BUS which in turn was forced into the line of DISMARA which was checked.”
Rule 869 (3) states:
No horseman in any race shall drive: -
(b) carelessly
Mr Tidmarsh said Mr Ferguson had viewed the available films of the incident. Mr Ferguson signed the Statement by the Respondent on the Information indicating that he admitted the breach. He also confirmed that he did not wish to be present at the JCA hearing.
Mr Tidmarsh referred to the available race films with the assistance of Mr Renault. Mr Ferguson (THE BULL PEN) was shown to be prominent out wide in the early rush for positions. Mr Tidmarsh said Mr Ferguson moved inwards on the first bend near the 1950m when not sufficiently clear of another runner, causing tightening to Ms Ottley (THE BUS), who in turn was forced down onto Mr McIlwrick (DISMARA). As a result of Mr Ferguson’s inward movement and the consequent tightening, Ms Ottley’s inside sulky wheel contacted the off-side hind leg of DISMARA, which galloped and lost ground. DISMARA settled at the rear of the field and failed to recover, finishing last.
Mr Tidmarsh said Ms Ottley was unable to relieve the pressure created by Mr Ferguson.
Decision:
The breach is admitted and is found to be proved.
Submissions for Penalty:
Mr Tidmarsh said Mr Ferguson is a busy Southland driver. In the current season, to date, he has driven in 172 races. Last season he had 319 drives.
Mr Tidmarsh said Mr Ferguson had a good record under the rule, with no breaches in the previous 12 months.
In mitigation, Mr Tidmarsh said it was evident from the films that Mr Ferguson’s horse tended to lay inwards. Mr Ferguson was shown to briefly straighten THE BULL PEN before directing his horse back into the line of Ms Ottley. He did attempt to relieve the resulting pressure, Mr Tidmarsh said, but “the damage has already been done.”
The check to DISMARA which left him racing at the rear of the field was an aggravating factor, Mr Tidmarsh said.
The starting point in the JCA Penalty Guide for a first breach of r 869(3)(b) is a $500 fine or a 10 drive suspension. Taking all of the relevant factors into account, stewards believed a $350 fine was an appropriate penalty on this occasion.
Asked whether the respondent had expressed any views on penalty, Mr Tidmarsh said Mr Ferguson had highlighted his good record and his admission of the breach
Reasons for Penalty:
Mr Ferguson is a reasonably busy Southland driver who has not breached the careless driving rule in more than 12 months. The Committee considers this to be a very good record.
The clear aggravating factor is the check caused to DISMARA, whose prospects in the race were adversely affected. The inwards pressure on THE BUS did not materially affect his prospects. THE BUS went on the finish 2nd.
In mitigation, the Committee is satisfied that the tendency by THE BULL PEN to lay inwards has contributed to the incident. We also note the initial attempt by Mr Ferguson to straighten his horse before continuing with his inwards movement, and his attempt to relieve the pressure when the incident occurred.
We believe the breach was a misjudgement by Mr Ferguson and place it at the low end. Taking all submissions and relevant factors into account, including the JCA Penalty Guide’s starting point for a first breach of a $500 fine or a 10 drive suspension, we believe that a fine of $350 is the appropriate penalty.
Penalty:
Mr Ferguson is fined the sum of $350.
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: 77aa468819f5308bfa9ecb9b398cdd80
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/03/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Northern Southland TC 10 March 2018 - R 7 - Chair, Mr M Conway
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr L Tidmarsh - Stipendiary Steward
Respondent: Mr C Ferguson – Open Driver
Information No: A10426
Meeting: Northern Southland Trotting Club
Date: 10 March 2018
Venue: Ascot park
Race: 7
Rule No: 869(3)(b)
Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member
Also Present: Mr S Renault – Stipendiary Steward
Charge: Careless Driving
Plea: Admitted
Evidence:
Following the running of Race 7, the Caduceus Club Of Southland Super Nugget Final, an Information was filed by Stipendiary Steward, Mr Tidmarsh, against Licensed Open Driver, Mr C Ferguson, alleging that Mr Ferguson (THE BULL PEN) “drove carelessly entering the first bend when insufficiently clear of THE BUS which in turn was forced into the line of DISMARA which was checked.”
Rule 869 (3) states:
No horseman in any race shall drive: -
(b) carelessly
Mr Tidmarsh said Mr Ferguson had viewed the available films of the incident. Mr Ferguson signed the Statement by the Respondent on the Information indicating that he admitted the breach. He also confirmed that he did not wish to be present at the JCA hearing.
Mr Tidmarsh referred to the available race films with the assistance of Mr Renault. Mr Ferguson (THE BULL PEN) was shown to be prominent out wide in the early rush for positions. Mr Tidmarsh said Mr Ferguson moved inwards on the first bend near the 1950m when not sufficiently clear of another runner, causing tightening to Ms Ottley (THE BUS), who in turn was forced down onto Mr McIlwrick (DISMARA). As a result of Mr Ferguson’s inward movement and the consequent tightening, Ms Ottley’s inside sulky wheel contacted the off-side hind leg of DISMARA, which galloped and lost ground. DISMARA settled at the rear of the field and failed to recover, finishing last.
Mr Tidmarsh said Ms Ottley was unable to relieve the pressure created by Mr Ferguson.
Decision:
The breach is admitted and is found to be proved.
Submissions for Penalty:
Mr Tidmarsh said Mr Ferguson is a busy Southland driver. In the current season, to date, he has driven in 172 races. Last season he had 319 drives.
Mr Tidmarsh said Mr Ferguson had a good record under the rule, with no breaches in the previous 12 months.
In mitigation, Mr Tidmarsh said it was evident from the films that Mr Ferguson’s horse tended to lay inwards. Mr Ferguson was shown to briefly straighten THE BULL PEN before directing his horse back into the line of Ms Ottley. He did attempt to relieve the resulting pressure, Mr Tidmarsh said, but “the damage has already been done.”
The check to DISMARA which left him racing at the rear of the field was an aggravating factor, Mr Tidmarsh said.
The starting point in the JCA Penalty Guide for a first breach of r 869(3)(b) is a $500 fine or a 10 drive suspension. Taking all of the relevant factors into account, stewards believed a $350 fine was an appropriate penalty on this occasion.
Asked whether the respondent had expressed any views on penalty, Mr Tidmarsh said Mr Ferguson had highlighted his good record and his admission of the breach
Reasons for Penalty:
Mr Ferguson is a reasonably busy Southland driver who has not breached the careless driving rule in more than 12 months. The Committee considers this to be a very good record.
The clear aggravating factor is the check caused to DISMARA, whose prospects in the race were adversely affected. The inwards pressure on THE BUS did not materially affect his prospects. THE BUS went on the finish 2nd.
In mitigation, the Committee is satisfied that the tendency by THE BULL PEN to lay inwards has contributed to the incident. We also note the initial attempt by Mr Ferguson to straighten his horse before continuing with his inwards movement, and his attempt to relieve the pressure when the incident occurred.
We believe the breach was a misjudgement by Mr Ferguson and place it at the low end. Taking all submissions and relevant factors into account, including the JCA Penalty Guide’s starting point for a first breach of a $500 fine or a 10 drive suspension, we believe that a fine of $350 is the appropriate penalty.
Penalty:
Mr Ferguson is fined the sum of $350.
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
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PersonPresent:
Respondent:
StipendSteward:
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name: Northern Southland TC