Manawatu HRC 22 May 2018 – R 9 (heard 24 May 2018 at Manawatu – Chair, Mr N McCutcheon –
ID: JCA22949
Hearing Type (Code):
harness-racing
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr P Ferguson – Driver of THE KAPITI EXPRESS
Information No: A10252
Meeting: Manawatu Harness Racing Club
Date: 22 May 2018 (heard 24 May 2018)
Venue: Manawatu Raceway, Palmerston North
Race: 9
Rule No: 857(7)(f)
Judicial Committee: Mr N McCutcheon, Chair – Mrs N Moffatt, Committee Member
Also Present: Mr K Marshall – Driver of NICE TO BE NORVIC - Mr J Muirhead – Senior Stipendiary Steward
Charge: Caused interference to another runner resulting in a false start
Plea: Denied
Evidence:
On the second day of the Meeting (24.5.18) Information No. A10252 was filed with the Judicial Committee. It referred to a matter that allegedly occurred in the score-up to the start of Race 9 (The Joan Busuttin Memorial Mobile Pace) on the first day of the Meeting (22.5.18).
The allegation was that Mr Ferguson steered his gelding (THE KAPITI EXPRESS) up the track when in a gallop in the early stages of the score-up and interfered with NICE TO BE NORVIC (K Marshall) which resulted in a false start being declared.
Rule 857 (7)(f) provides:
No horseman shall interfere with another horse and/or horseman during the start.
Mr Ferguson said that he understood the Rule, the Charge and confirmed that he denied the Charge.
Submissions for Decision:
Mr Muirhead showed the head and side-on film replays and identified both horses involved. Mr Muirhead said that THE KAPITI EXPRESS broke before the start and that Mr Ferguson looked to his right then angled his horse outwards towards the outside fence. NICE TO BE NORVIC who was then on the outside of THE KAPITI EXPRESS was broken-up and taken towards the outside fence by THE KAPITI EXPRESS. Mr Muirhead said that this resulted in a false start being declared for a second time (The first false start was due to an unrelated incident). Mr Muirhead added that Mr Ferguson continued to drive outwards creating a false start knowing that he, Mr Ferguson and his horse would then get another chance. He further said that Mr Ferguson is a top horseman and that he would have expected him to turn away from Mr Marshall but that he did not. He said that NICE TO BE NORVIC did not contribute in any way.
Mr Ferguson put it to Mr Muirhead that THE KAPITI EXPRESS was a troublesome horse and that it was racing on its final warning.
Mr Muirhead answered in the affirmative and said that the horse had created issues prior to today.
Mr Marshall was called as a witness for the prosecution and said that he was late going up to the gate and that Mr Ferguson’s drive was in a gallop and running towards the outside fence and that his horse broke as a result. He said that he did not call to Mr Ferguson but that he called out to the Starter.
Mr Ferguson then asked Mr Mulcay what was the reason for the first false start. Mr Mulcay explained that NUI MAU TAU raced fiercely and pulled its way to the front of the gate. Mr Mulcay added that the horse was uncontrollable.
Mr Ferguson requested that the score-up in the first false start be shown. Mr Ferguson said that his horse had gone to go over the gate and that he screamed to the Starter to stop as he was in a lot of trouble. He said in the second score-up he agreed that his horse broke and said the reason why he went to the outside was because he would not have been able to hold his horse and stop him. He said that when he went out he did not know Mr Marshall was on his outside. He said he had made the decision to go outwards and was not going to go back. He said that he agreed with what had happened but had good reason to do so as safety is paramount.
In answer to Mr Mulcay Mr Ferguson said that his horse galloped strongly, that he became aware Mr Marshall was on his outside, was fearful of his horse’s action and his safety and although he was aware Mr Marshall was there it was too late to pull off.
Mr Mulcay then said that it went on for 30m and that Mr Ferguson palmed his problems off onto Mr Marshall.
Mr Ferguson responded by saying that if his horse had have hit the deck (fallen) the race would have been called off.
Summation
Mr Mulcay said that the Rule is quite specific. He said that although Mr Ferguson was in some difficulty it did not give him the right to palm his problem off onto another horse and driver. Mr Mulcay referred the hearing to Rule 1008(a)(b) and said that interference had clearly occurred and that on the balance of probabilities the charge had been made out.
Mr Ferguson said that it was a clear case, his safety came first and also the safety of Mr Marshall was paramount and that if you have to take evasive action so be it. He said that the films had shown that his horse was not easy to drive and added that we do not know what would have happened if he hadn’t taken the action he did.
Reason for Decision:
The Committee considered all of the evidence that had been put before them. The Committee found that in the score-up Mr Ferguson’s drive THE KAPITI EXPRESS broke, shortly after which Mr Ferguson directed his drive outwards into the line of NICE TO BE NORVIC which broke up. Mr Ferguson was observed to have looked to the right and then continue on his outward movement until both horses were very close to the outside fence. As a consequence of the interference to NICE TO BE NORVIC a false start was declared. The Committee noted that at no stage during the incident when being able to do so, did Mr Ferguson attempt to straighten his drive to relieve any pressure that had been placed on NICE TO BE NORVIC. On the contrary, Mr Ferguson continued to drive outwards when he had ample opportunity to take the required corrective action. Rule 857(7)(f) is very clear and unambiguous.
Decision:
The Charge was deemed proved by the Committee.
Submissions for Penalty:
Mr Mulcay said that Mr Ferguson had a clear record. He said that there was no prior precedent regarding penalty under this Rule but believed that it was a more serious breach than any other pre-race start breaches and submitted that the Committee consider imposing a 10-drive suspension or a $500 fine or a combination of both. He said that an aggravating factor was that one horse was interfered with which possibly suffered an injury and that a false start was declared.
Mr Ferguson said that his horse was pretty erratic and that he had wanted to get to the outside to preserve his safety. He said that he wanted to get out of the way as he would not have been able to stop his horse. He added that a false start was declared and that no one was hurt. He asked that the Committee consider a suspension of his horseman’s licence as opposed to a fine.
Reasons for Penalty:
The Committee gave due consideration to the quantum of penalty. There is not a starting point for such a breach under the JCA Penalty Guide and as the Charge is so rare there were no prior penalties to assist the Committee in its determination. The only mitigating factor was that this was the first time that Mr Ferguson had been charged under the Rule. The aggravating factor in the view of the Committee was that subsequent to knowing that Mr Marshall was on his outside, Mr Ferguson continued to steer his horse towards the outside fence and if a false start had not been declared Mr Marshall and his horse would have lost all chance due to Mr Ferguson’s action.
The Committee took into account the submissions of the Respondent and the Informant and reached the decision that a suspension would serve as a suitable penalty.
Penalty:
Mr Ferguson’s Horseman’s Licence was suspended from the end of racing on 25 May 2018 up to and including racing on 7 June 2018 (3 days).
The days being:
1 June - Auckland
2 June - Cambridge
7 June - Cambridge
Decision Date: 22/05/2018
Publish Date: 22/05/2018
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: fbbc8dcae8b72d63b43d867d589470e6
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hearing_racingtype: harness-racing
startdate: 22/05/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manawatu HRC 22 May 2018 - R 9 (heard 24 May 2018 at Manawatu - Chair, Mr N McCutcheon -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr P Ferguson – Driver of THE KAPITI EXPRESS
Information No: A10252
Meeting: Manawatu Harness Racing Club
Date: 22 May 2018 (heard 24 May 2018)
Venue: Manawatu Raceway, Palmerston North
Race: 9
Rule No: 857(7)(f)
Judicial Committee: Mr N McCutcheon, Chair – Mrs N Moffatt, Committee Member
Also Present: Mr K Marshall – Driver of NICE TO BE NORVIC - Mr J Muirhead – Senior Stipendiary Steward
Charge: Caused interference to another runner resulting in a false start
Plea: Denied
Evidence:
On the second day of the Meeting (24.5.18) Information No. A10252 was filed with the Judicial Committee. It referred to a matter that allegedly occurred in the score-up to the start of Race 9 (The Joan Busuttin Memorial Mobile Pace) on the first day of the Meeting (22.5.18).
The allegation was that Mr Ferguson steered his gelding (THE KAPITI EXPRESS) up the track when in a gallop in the early stages of the score-up and interfered with NICE TO BE NORVIC (K Marshall) which resulted in a false start being declared.
Rule 857 (7)(f) provides:
No horseman shall interfere with another horse and/or horseman during the start.
Mr Ferguson said that he understood the Rule, the Charge and confirmed that he denied the Charge.
Submissions for Decision:
Mr Muirhead showed the head and side-on film replays and identified both horses involved. Mr Muirhead said that THE KAPITI EXPRESS broke before the start and that Mr Ferguson looked to his right then angled his horse outwards towards the outside fence. NICE TO BE NORVIC who was then on the outside of THE KAPITI EXPRESS was broken-up and taken towards the outside fence by THE KAPITI EXPRESS. Mr Muirhead said that this resulted in a false start being declared for a second time (The first false start was due to an unrelated incident). Mr Muirhead added that Mr Ferguson continued to drive outwards creating a false start knowing that he, Mr Ferguson and his horse would then get another chance. He further said that Mr Ferguson is a top horseman and that he would have expected him to turn away from Mr Marshall but that he did not. He said that NICE TO BE NORVIC did not contribute in any way.
Mr Ferguson put it to Mr Muirhead that THE KAPITI EXPRESS was a troublesome horse and that it was racing on its final warning.
Mr Muirhead answered in the affirmative and said that the horse had created issues prior to today.
Mr Marshall was called as a witness for the prosecution and said that he was late going up to the gate and that Mr Ferguson’s drive was in a gallop and running towards the outside fence and that his horse broke as a result. He said that he did not call to Mr Ferguson but that he called out to the Starter.
Mr Ferguson then asked Mr Mulcay what was the reason for the first false start. Mr Mulcay explained that NUI MAU TAU raced fiercely and pulled its way to the front of the gate. Mr Mulcay added that the horse was uncontrollable.
Mr Ferguson requested that the score-up in the first false start be shown. Mr Ferguson said that his horse had gone to go over the gate and that he screamed to the Starter to stop as he was in a lot of trouble. He said in the second score-up he agreed that his horse broke and said the reason why he went to the outside was because he would not have been able to hold his horse and stop him. He said that when he went out he did not know Mr Marshall was on his outside. He said he had made the decision to go outwards and was not going to go back. He said that he agreed with what had happened but had good reason to do so as safety is paramount.
In answer to Mr Mulcay Mr Ferguson said that his horse galloped strongly, that he became aware Mr Marshall was on his outside, was fearful of his horse’s action and his safety and although he was aware Mr Marshall was there it was too late to pull off.
Mr Mulcay then said that it went on for 30m and that Mr Ferguson palmed his problems off onto Mr Marshall.
Mr Ferguson responded by saying that if his horse had have hit the deck (fallen) the race would have been called off.
Summation
Mr Mulcay said that the Rule is quite specific. He said that although Mr Ferguson was in some difficulty it did not give him the right to palm his problem off onto another horse and driver. Mr Mulcay referred the hearing to Rule 1008(a)(b) and said that interference had clearly occurred and that on the balance of probabilities the charge had been made out.
Mr Ferguson said that it was a clear case, his safety came first and also the safety of Mr Marshall was paramount and that if you have to take evasive action so be it. He said that the films had shown that his horse was not easy to drive and added that we do not know what would have happened if he hadn’t taken the action he did.
Reason for Decision:
The Committee considered all of the evidence that had been put before them. The Committee found that in the score-up Mr Ferguson’s drive THE KAPITI EXPRESS broke, shortly after which Mr Ferguson directed his drive outwards into the line of NICE TO BE NORVIC which broke up. Mr Ferguson was observed to have looked to the right and then continue on his outward movement until both horses were very close to the outside fence. As a consequence of the interference to NICE TO BE NORVIC a false start was declared. The Committee noted that at no stage during the incident when being able to do so, did Mr Ferguson attempt to straighten his drive to relieve any pressure that had been placed on NICE TO BE NORVIC. On the contrary, Mr Ferguson continued to drive outwards when he had ample opportunity to take the required corrective action. Rule 857(7)(f) is very clear and unambiguous.
Decision:
The Charge was deemed proved by the Committee.
Submissions for Penalty:
Mr Mulcay said that Mr Ferguson had a clear record. He said that there was no prior precedent regarding penalty under this Rule but believed that it was a more serious breach than any other pre-race start breaches and submitted that the Committee consider imposing a 10-drive suspension or a $500 fine or a combination of both. He said that an aggravating factor was that one horse was interfered with which possibly suffered an injury and that a false start was declared.
Mr Ferguson said that his horse was pretty erratic and that he had wanted to get to the outside to preserve his safety. He said that he wanted to get out of the way as he would not have been able to stop his horse. He added that a false start was declared and that no one was hurt. He asked that the Committee consider a suspension of his horseman’s licence as opposed to a fine.
Reasons for Penalty:
The Committee gave due consideration to the quantum of penalty. There is not a starting point for such a breach under the JCA Penalty Guide and as the Charge is so rare there were no prior penalties to assist the Committee in its determination. The only mitigating factor was that this was the first time that Mr Ferguson had been charged under the Rule. The aggravating factor in the view of the Committee was that subsequent to knowing that Mr Marshall was on his outside, Mr Ferguson continued to steer his horse towards the outside fence and if a false start had not been declared Mr Marshall and his horse would have lost all chance due to Mr Ferguson’s action.
The Committee took into account the submissions of the Respondent and the Informant and reached the decision that a suspension would serve as a suitable penalty.
Penalty:
Mr Ferguson’s Horseman’s Licence was suspended from the end of racing on 25 May 2018 up to and including racing on 7 June 2018 (3 days).
The days being:
1 June - Auckland
2 June - Cambridge
7 June - Cambridge
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 857(7)(f)
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