Invercargill HRC 5 May 2018 – R 2 – Chair, Mr M Conway
ID: JCA22471
Hearing Type (Code):
harness-racing
Meet Title:
Invercargill HRC - 5 May 2018
Meet Chair:
PKnowles
Meet Committee Member 1:
MConway
Race Date:
2018/05/05
Race Number:
R 2
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Wallis - Stipendiary Steward
Respondent: Mr C Ferguson – Open Driver
Information No: A10444
Meeting: Invercargill Harness Racing Club
Date: 5 May 2018
Venue: Ascot Park Racecourse, Invercargill
Race: 2
Rule No: 869(3)(b)
Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member
Also Present: Mr V Munro – Stipendiary Steward
Charge: Careless driving
Plea: Admitted
Evidence:
Following the running of Race 2, the Murray Brown Racing Stables Mobile Pace, an Information was filed by Stipendiary Steward, Mr Wallis, against Licensed Open Driver, Mr C Ferguson, alleging that Mr Ferguson (BULLYS PRINCESS) “drove carelessly nearing the 2000 metres, when shifting inwards when not sufficiently clear, causing FOR REGAL to strike his inside sulky wheel and break.”
Rule 869 (3) states:
No horseman in any race shall drive: -
(b) carelessly
Mr Ferguson signed the Information indicating that he admitted the breach and confirmed at the hearing that he understood the rule under which he had been charged.
Mr Wallis referred to the available race films with the assistance of Mr Munro. The films showed Mr Ferguson (BULLYS PRINCESS) going forward from the start in the three wide line and, entering the first bend, shifting down the track to secure a one-out and one-back position behind Mr D Dunn (BETSTARS BLUE JEAN). In attempting to complete this manoeuvre, Mr Ferguson crossed down in front of Mr A Armour (FOR REGAL), who was in the one-out line. At approximately the 1900 metre mark, the inside sulky wheel of BULLYS PRINCESS can be seen to contact FOR REGAL’s off-side foreleg. FOR REGAL breaks for a number of strides and loses some four lengths before settling in last place.
Mr Wallis said Mr Armour could not come down the track and relieve the pressure because Mr B Williamson (MY BLUE HEAVEN) was to his inside when the contact was made. Mr Ferguson had Mr M Hurrell (SHINDAL) to his outside at the time of the incident. The video evidence shows clear separation between Mr Hurrell and Mr Ferguson through the early stages of the race. Mr Wallis said there was plenty of room and Mr Ferguson had not been forced to apply any inward pressure on Mr Armour.
Mr Ferguson said he had “misjudged fractionally” as he followed Mr Dunn down the track. He said Mr Armour had only just touched his wheel “marginally.” Mr Ferguson confirmed he alone was responsible for the incident.
Mr Wallis agreed that the movement by Mr Ferguson down onto FOR REGAL was a misjudgement.
Decision:
The breach is admitted and is found to be proved.
Submissions for Penalty:
Mr Wallis said Mr Ferguson is a busy Southland driver. In the current season, to date, he has driven in 222 races. Last season he had 319 drives.
Mr Wallis referred to a previous careless driving breach by Mr Ferguson on 10 March 2018. Mr Ferguson admitted that breach and was fined $350. The current breach (separated by 47 drives) is therefore his second within a 4 month period. Mr Wallis said Mr Ferguson did not have a good record in recent times with respect to the careless driving rule. However his record over the last 12 months, given that he is a busy reinsman, was “not bad,” he added.
The starting point in the JCA Penalty Guide for a second breach of r 869(3)(b) within a 4 month period is a 3 day suspension. Stewards sought a 3 day suspension in this case. Mr Wallis said although the carelessness shown by Mr Ferguson was low-end, the consequential effects for Mr Armour were significant. FOR REGAL had galloped for a number of strides and had lost a more advantageous field position.
Asked for his views on penalty, Mr Ferguson simply said he was aware of the relevant starting point of a 3 day suspension in the JCA Penalty Guide.
Under r 1304 (1)(b)(i), Mr Ferguson requested a 7 day deferment of any suspension to enable him to drive at the Forbury Park meeting on Thursday 10 May 2018 and the Winton meeting on Saturday 12 May 2018.
Reasons for Penalty:
We agree that the inward movement by Mr Ferguson that resulted in his sulky wheel being clipped by Mr Armour was a misjudgement that can fairly be placed at the low-end in terms of severity. However the consequences for Mr Armour were significant. His horse galloped for a number of strides after the interference, losing a midfield position and settling at the rear of the field. FOR REGAL finished in 6th place.
The circumstances are similar to those that presented in the respondent’s recent careless driving breach on 10 March 2018. In that case, Mr Ferguson was found to have caused tightening on the first bend which resulted in a rival horse galloping and losing ground.
We take the starting point in the JCA Penalty Guide of a 3 day suspension for a second careless driving breach within 4 months. We find that the interference caused to Mr Armour is an aggravating factor that warrants increasing the period of suspension by 1 day. In mitigation, we take account of Mr Ferguson’s admission of the breach and his cooperation with stewards and credit him with a 1 day discount, which returns the period of suspension to 3 days.
In accordance with r 1304 (1)(b)(i), Mr Ferguson’s suspension is deferred until after he fulfils his driving engagements at the Forbury Park meeting on Thursday 10 May 2018 and the Winton meeting on Saturday 12 May 2018.
Penalty:
Mr Ferguson is suspended for 3 days, from the conclusion of racing on 12 May 2018 up to and including 20 May 2018.
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: d476490a1f8ec1e2e5290a2809d5cd93
informantnumber:
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hearing_racingtype: harness-racing
startdate: 05/05/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Invercargill HRC 5 May 2018 - R 2 - Chair, Mr M Conway
charge:
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appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Wallis - Stipendiary Steward
Respondent: Mr C Ferguson – Open Driver
Information No: A10444
Meeting: Invercargill Harness Racing Club
Date: 5 May 2018
Venue: Ascot Park Racecourse, Invercargill
Race: 2
Rule No: 869(3)(b)
Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member
Also Present: Mr V Munro – Stipendiary Steward
Charge: Careless driving
Plea: Admitted
Evidence:
Following the running of Race 2, the Murray Brown Racing Stables Mobile Pace, an Information was filed by Stipendiary Steward, Mr Wallis, against Licensed Open Driver, Mr C Ferguson, alleging that Mr Ferguson (BULLYS PRINCESS) “drove carelessly nearing the 2000 metres, when shifting inwards when not sufficiently clear, causing FOR REGAL to strike his inside sulky wheel and break.”
Rule 869 (3) states:
No horseman in any race shall drive: -
(b) carelessly
Mr Ferguson signed the Information indicating that he admitted the breach and confirmed at the hearing that he understood the rule under which he had been charged.
Mr Wallis referred to the available race films with the assistance of Mr Munro. The films showed Mr Ferguson (BULLYS PRINCESS) going forward from the start in the three wide line and, entering the first bend, shifting down the track to secure a one-out and one-back position behind Mr D Dunn (BETSTARS BLUE JEAN). In attempting to complete this manoeuvre, Mr Ferguson crossed down in front of Mr A Armour (FOR REGAL), who was in the one-out line. At approximately the 1900 metre mark, the inside sulky wheel of BULLYS PRINCESS can be seen to contact FOR REGAL’s off-side foreleg. FOR REGAL breaks for a number of strides and loses some four lengths before settling in last place.
Mr Wallis said Mr Armour could not come down the track and relieve the pressure because Mr B Williamson (MY BLUE HEAVEN) was to his inside when the contact was made. Mr Ferguson had Mr M Hurrell (SHINDAL) to his outside at the time of the incident. The video evidence shows clear separation between Mr Hurrell and Mr Ferguson through the early stages of the race. Mr Wallis said there was plenty of room and Mr Ferguson had not been forced to apply any inward pressure on Mr Armour.
Mr Ferguson said he had “misjudged fractionally” as he followed Mr Dunn down the track. He said Mr Armour had only just touched his wheel “marginally.” Mr Ferguson confirmed he alone was responsible for the incident.
Mr Wallis agreed that the movement by Mr Ferguson down onto FOR REGAL was a misjudgement.
Decision:
The breach is admitted and is found to be proved.
Submissions for Penalty:
Mr Wallis said Mr Ferguson is a busy Southland driver. In the current season, to date, he has driven in 222 races. Last season he had 319 drives.
Mr Wallis referred to a previous careless driving breach by Mr Ferguson on 10 March 2018. Mr Ferguson admitted that breach and was fined $350. The current breach (separated by 47 drives) is therefore his second within a 4 month period. Mr Wallis said Mr Ferguson did not have a good record in recent times with respect to the careless driving rule. However his record over the last 12 months, given that he is a busy reinsman, was “not bad,” he added.
The starting point in the JCA Penalty Guide for a second breach of r 869(3)(b) within a 4 month period is a 3 day suspension. Stewards sought a 3 day suspension in this case. Mr Wallis said although the carelessness shown by Mr Ferguson was low-end, the consequential effects for Mr Armour were significant. FOR REGAL had galloped for a number of strides and had lost a more advantageous field position.
Asked for his views on penalty, Mr Ferguson simply said he was aware of the relevant starting point of a 3 day suspension in the JCA Penalty Guide.
Under r 1304 (1)(b)(i), Mr Ferguson requested a 7 day deferment of any suspension to enable him to drive at the Forbury Park meeting on Thursday 10 May 2018 and the Winton meeting on Saturday 12 May 2018.
Reasons for Penalty:
We agree that the inward movement by Mr Ferguson that resulted in his sulky wheel being clipped by Mr Armour was a misjudgement that can fairly be placed at the low-end in terms of severity. However the consequences for Mr Armour were significant. His horse galloped for a number of strides after the interference, losing a midfield position and settling at the rear of the field. FOR REGAL finished in 6th place.
The circumstances are similar to those that presented in the respondent’s recent careless driving breach on 10 March 2018. In that case, Mr Ferguson was found to have caused tightening on the first bend which resulted in a rival horse galloping and losing ground.
We take the starting point in the JCA Penalty Guide of a 3 day suspension for a second careless driving breach within 4 months. We find that the interference caused to Mr Armour is an aggravating factor that warrants increasing the period of suspension by 1 day. In mitigation, we take account of Mr Ferguson’s admission of the breach and his cooperation with stewards and credit him with a 1 day discount, which returns the period of suspension to 3 days.
In accordance with r 1304 (1)(b)(i), Mr Ferguson’s suspension is deferred until after he fulfils his driving engagements at the Forbury Park meeting on Thursday 10 May 2018 and the Winton meeting on Saturday 12 May 2018.
Penalty:
Mr Ferguson is suspended for 3 days, from the conclusion of racing on 12 May 2018 up to and including 20 May 2018.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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