Auckland TC 19 September 2014 – R 2
ID: JCA16696
Meet Title:
Auckland TC - 19 September 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/09/19
Race Number:
R2
Decision:
The breach is admitted and is therefore proved.
Penalty:
Accordingly the Committee imposes a 4 day suspension on Mr D Ferguson. Pursuant to Rule 1304 (1) (b)(i) we grant a deferment of that suspension.
The period of suspension therefore commences after racing at Cambridge on 25 September 2014 and concludes after racing at Auckland on 10 October 2014 (4 North Island Harness racing days).
Facts:
This charge arises from race 2, the Have Your Conference at Alexandra Park Mobile Trot 2200m. The Information alleged that “Junior Horseman D Ferguson used his whip excessively over the concluding stages driving PARTY BOY.” Mr Ferguson endorsed the information “I do admit the breach” and he was assisted at the hearing by Senior Horseman Mr P Ferguson.
At the commencement of the hearing Mr D Ferguson acknowledged that he understood the nature of the rule and he confirmed his admission of the breach.
Mr Muirhead demonstrated the incident by way of available head and side-on video footage over the concluding stages of the race. He told the Judicial Committee (the ‘Committee’) that Mr D Ferguson whilst driving eventual 2nd placed horse PARTY BOY struck that horse 22 times from the straight entrance to the finish line.
Mr Muirhead said that Mr D Ferguson's use of the whip was excessive; there was no defined break, but there was a change of whip action from forehand to backhand. He said the number of strikes and whip action were well outside acceptable use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr D Ferguson told the Committee that he agreed with the number of strikes and offered no explanation for his whip use.
Submissions for Penalty:
Mr Muirhead submitted this is Mr D Ferguson's 3rd breach of this rule since March 2014. The two previous breaches resulted in fines of $200 respectively. He noted that Mr D Ferguson is a Junior driver and he should be given credit for admitting the breach. He submitted that in this instance Stewards sought a fine and/or suspension consistent with the JCA Penalty Guidelines.
Mr P Ferguson submitted that as a Junior Horseman, Mr D Ferguson has limited earning capacity, and would therefore prefer a one or two meeting suspension as opposed to a fine. He said Mr D Ferguson has two confirmed drives for the forthcoming Cambridge meeting on 25 September 2014, and sought a deferment to any proposed suspension.
Mr D Ferguson submitted that he is leaving New Zealand on 13 October 2014 to take up a position in a Sydney (Australia) Harness stable.
Reasons for Penalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant. We have also considered the Penalty Guidelines for Committees as well as recent penalties for breaches of this rule. The guidelines establish a starting point for a 2nd breach within 12 months of 10 drives or $500. We note that similar breaches have attracted penalties ranging from 2 to 7 days suspension or fines between $150 and $400.
The Committee has also considered the video footage of the breach and determined that the 22 strikes with the whip are in the high range and well outside the Use of Whip Guidelines (as agreed to by industry participants and published in the 17 October 2012 edition of the NZ Harness Racing Weekly).
Taking the above factors into account, including Mr D Ferguson's admission and noting his specific circumstances as a Junior Driver as well as his imminent departure from New Zealand, the Committee believes this breach should be dealt with by way of suspension.
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: d5674819daed9d8c6ad2c37c47ea9440
informantnumber: A2526
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2014
hearing_title: Auckland TC 19 September 2014 - R 2
charge:
facts:
This charge arises from race 2, the Have Your Conference at Alexandra Park Mobile Trot 2200m. The Information alleged that “Junior Horseman D Ferguson used his whip excessively over the concluding stages driving PARTY BOY.” Mr Ferguson endorsed the information “I do admit the breach” and he was assisted at the hearing by Senior Horseman Mr P Ferguson.
At the commencement of the hearing Mr D Ferguson acknowledged that he understood the nature of the rule and he confirmed his admission of the breach.
Mr Muirhead demonstrated the incident by way of available head and side-on video footage over the concluding stages of the race. He told the Judicial Committee (the ‘Committee’) that Mr D Ferguson whilst driving eventual 2nd placed horse PARTY BOY struck that horse 22 times from the straight entrance to the finish line.
Mr Muirhead said that Mr D Ferguson's use of the whip was excessive; there was no defined break, but there was a change of whip action from forehand to backhand. He said the number of strikes and whip action were well outside acceptable use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr D Ferguson told the Committee that he agreed with the number of strikes and offered no explanation for his whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted this is Mr D Ferguson's 3rd breach of this rule since March 2014. The two previous breaches resulted in fines of $200 respectively. He noted that Mr D Ferguson is a Junior driver and he should be given credit for admitting the breach. He submitted that in this instance Stewards sought a fine and/or suspension consistent with the JCA Penalty Guidelines.
Mr P Ferguson submitted that as a Junior Horseman, Mr D Ferguson has limited earning capacity, and would therefore prefer a one or two meeting suspension as opposed to a fine. He said Mr D Ferguson has two confirmed drives for the forthcoming Cambridge meeting on 25 September 2014, and sought a deferment to any proposed suspension.
Mr D Ferguson submitted that he is leaving New Zealand on 13 October 2014 to take up a position in a Sydney (Australia) Harness stable.
reasonsforpenalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant. We have also considered the Penalty Guidelines for Committees as well as recent penalties for breaches of this rule. The guidelines establish a starting point for a 2nd breach within 12 months of 10 drives or $500. We note that similar breaches have attracted penalties ranging from 2 to 7 days suspension or fines between $150 and $400.
The Committee has also considered the video footage of the breach and determined that the 22 strikes with the whip are in the high range and well outside the Use of Whip Guidelines (as agreed to by industry participants and published in the 17 October 2012 edition of the NZ Harness Racing Weekly).
Taking the above factors into account, including Mr D Ferguson's admission and noting his specific circumstances as a Junior Driver as well as his imminent departure from New Zealand, the Committee believes this breach should be dealt with by way of suspension.
penalty:
Accordingly the Committee imposes a 4 day suspension on Mr D Ferguson. Pursuant to Rule 1304 (1) (b)(i) we grant a deferment of that suspension.
The period of suspension therefore commences after racing at Cambridge on 25 September 2014 and concludes after racing at Auckland on 10 October 2014 (4 North Island Harness racing days).
hearing_type: Hearing
Rules: 869 2(a)
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr D Ferguson - Junior Horseman
Otherperson: Mr P Ferguson - Senior Horseman (assisting Mr D Ferguson)
PersonPresent:
Respondent:
StipendSteward:
raceid: 941648ed5731cc253c31ddda19b77d11
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3058f35c7b91b411f94856b6f0ebbcb
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/09/2014
meet_title: Auckland TC - 19 September 2014
meet_expappcomment:
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meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC