Archive Decision

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Auckland TC – 1 August 2008 – Race 7

ID: JCA19190

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 1 August 2008

Race Date:
2008/08/01

Race Number:
Race 7

Decision:

Following the running of race No7  an information was filed alleging a breach of the rules the informant was Mr. T.W.Taumanu  and the defendant Mr.P.C.Ferguson

--

The information alleged that  Mr. Ferguson,  the horseman of “Satire” , used his whip excessively on that horse in the run home.



Following the running of race No7  an information was filed alleging a breach of the rules the informant was Mr. T.W.Taumanu  and the defendant Mr.P.C.Ferguson

--

The information alleged that  Mr. Ferguson,  the horseman of “Satire” , used his whip excessively on that horse in the run home.

--

Mr.Ferguson did not admit the breach of this rule and was present at the hearing of this information.

--

Mr. Taumanu showed the video of the run home and gave his interpretation of Mr.Ferguson’s drive to the finish of this race Mr.Taumanu stated that the use of the whip by Mr.Ferguson was excessive and outside the guidelines issued by Harness Racing New Zealand.

--

Mr. Taumanu said in evidence that the rapid use of the whip by Mr.Ferguson was not acceptable and that it looked bad.

--

Mr. Ferguson gave his evidence using the video and stated that he did not consider that he had breached the rule, he stated that he had paused as per the regulations and was adamant he was within the bounds of rule    869 (2) (a).

--

Mr. Taumanu agreed that Mr.Ferguson had paused for a stride with his whip action however Mr.Taumanu said it was the rapid fire use of the whip which concerned the Stewards.

--

 

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Decision And Reasons.

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Having viewed the video of the run home and heard the evidence as presented by Mr. Taumanu, and Mr.Ferguson it is my finding that Mr.Ferguson has breached  rule   869 (2) (a) and the whip regulations,  I find the charge proven..

--

The use of the whip in the run home by Mr.Ferguson was rapid, quick and with force.

--

Submissions on penalty were heard from both Mr Taumanu and Mr.Ferguson, the driving record of Mr.Ferguson was produced for perusal.  Mr.Taumanu asked for a fine in the region of $300.00 as Mr.Ferguson had been charged with another breach of this rule in the last twelve months .

--

Mr. Ferguson thought that this breach was at the lower end of the scale and if it had not been for the rapid use of the whip he may not have been charged Mr.Taumanu acknowledged this fact .

--

A fine of $250.00 was imposed in this instance. 

--

Kevin G Coutts

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: 325ecb5b8aff2ba23a9ccdfd01bc4f45


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 01/08/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 1 August 2008 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of race No7  an information was filed alleging a breach of the rules the informant was Mr. T.W.Taumanu  and the defendant Mr.P.C.Ferguson

--

The information alleged that  Mr. Ferguson,  the horseman of “Satire” , used his whip excessively on that horse in the run home.



Following the running of race No7  an information was filed alleging a breach of the rules the informant was Mr. T.W.Taumanu  and the defendant Mr.P.C.Ferguson

--

The information alleged that  Mr. Ferguson,  the horseman of “Satire” , used his whip excessively on that horse in the run home.

--

Mr.Ferguson did not admit the breach of this rule and was present at the hearing of this information.

--

Mr. Taumanu showed the video of the run home and gave his interpretation of Mr.Ferguson’s drive to the finish of this race Mr.Taumanu stated that the use of the whip by Mr.Ferguson was excessive and outside the guidelines issued by Harness Racing New Zealand.

--

Mr. Taumanu said in evidence that the rapid use of the whip by Mr.Ferguson was not acceptable and that it looked bad.

--

Mr. Ferguson gave his evidence using the video and stated that he did not consider that he had breached the rule, he stated that he had paused as per the regulations and was adamant he was within the bounds of rule    869 (2) (a).

--

Mr. Taumanu agreed that Mr.Ferguson had paused for a stride with his whip action however Mr.Taumanu said it was the rapid fire use of the whip which concerned the Stewards.

--

 

--

Decision And Reasons.

--

Having viewed the video of the run home and heard the evidence as presented by Mr. Taumanu, and Mr.Ferguson it is my finding that Mr.Ferguson has breached  rule   869 (2) (a) and the whip regulations,  I find the charge proven..

--

The use of the whip in the run home by Mr.Ferguson was rapid, quick and with force.

--

Submissions on penalty were heard from both Mr Taumanu and Mr.Ferguson, the driving record of Mr.Ferguson was produced for perusal.  Mr.Taumanu asked for a fine in the region of $300.00 as Mr.Ferguson had been charged with another breach of this rule in the last twelve months .

--

Mr. Ferguson thought that this breach was at the lower end of the scale and if it had not been for the rapid use of the whip he may not have been charged Mr.Taumanu acknowledged this fact .

--

A fine of $250.00 was imposed in this instance. 

--

Kevin G Coutts


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 53727ea3deb724e055fa46e40b85d22e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8f069a6b8a9e9fff4e11cffdf75a308e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/08/2008


meet_title: Auckland TC - 1 August 2008


meet_expappcomment:


meet_km:


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tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Auckland TC