Bay of Plenty HRC – 27 January 2008 – Race 7
ID: JCA18902
Hearing Type (Code):
harness-racing
Meet Title:
Bay of Plenty HRC - 27 January 2008
Race Date:
2008/01/27
Race Number:
Race 7
Decision:
An information was filed following race No 7 the informant was Mr. T. Taumanu and this information alleged a breach of rule 869 (3) (b), Careless Driving by horseman Mr P C Ferguson.
An information was filed following race No 7 the informant was Mr. T. Taumanu and this information alleged a breach of rule 869 (3) (b), Careless Driving by horseman Mr P C Ferguson.
--The information alleged that Mr Ferguson, the horseman of NULLABOR SONG, drove carelessly when he allowed his horse to strike the sulky wheel of OKETE STAR, which resulted in NULLABOR SONG breaking with checks to RUSSIAN BRIDE and MILLY ME, these runners breaking with approximately 900 meters to run.
----
Mr Ferguson did not admit the breach of this rule and was present at this hearing.
----
Mr Taumanu showed the video of the alleged incident and this showed NULLABOR SONG strike the sulky wheel of OKETE STAR at or about the 900 meter point of this race when racing in a trailing position. OKETE STAR was racing in the parked out position and this runner had come back slightly at this point of the race.
----
Mr. Ferguson stated in his evidence that he had been a “bit unlucky”, his horse was green and had a murphy blind fitted. Mr. Ferguson admitted that he had struck the wheel of OKETE STAR however he also stated that his horse had not broken stride for three strides following striking the wheel. Mr Ferguson also blamed OKETE STAR for easing back at this point for this incident. Mr Ferguson laid the blame on his horse’s greenness and lack of experience for this incident. Mr Ferguson, while admitting that his horse had struck the wheel of OKETE STAR, stated that in his opinion he was not careless.
----
Mr D. Butcher was called as a witness for Mr Ferguson and he stated that OKETE STAR had been racing in the parked out position and when he tried to come from three wide to two wide OKETE STAR had come back slightly and this was when Mr Ferguson had struck his wheel.
----
Both Mr Taumanu and Mr Ferguson summed up and Mr Taumanu reiterated that Mr Ferguson was a senior horseman and he had an obligation to be aware of what was happening ahead of him just as a driver on the motorway did.
----
DECISION AND REASONS :
--Having taken into consideration the evidence of the video film of this incident, the evidence of Mr Taumanu, Mr D Butcher and Mr Ferguson, it is my finding that Mr Ferguson is in breach of rule 869(3) (b). I find the charge of careless driving proven.
----
Mr Ferguson by his own admission did strike the wheel of OKETE STAR; as a result of this Mr Ferguson’s horse did break stride and gallop causing checks to both RUSSIAN BRIDE and MILLY ME as alleged by Mr Taumanu. Mr Ferguson has an obligation under the rules to be aware of what is happening ahead at all times.
----
The definition of careless used by the J.C.A. is “ Not taking care or paying attention”.
--In this instance and at the point of contact it is my finding that Mr Ferguson was not taking care or paying attention.
----
Submissions on penalty were heard from both Mr Ferguson and Mr Taumanu, Mr Taumanu sought a fine in the region of $300.00 as Mr Ferguson had no previous charges on his record. The driving record of Mr Ferguson was presented for perusal. A fine of $300.00 was imposed in this instance having taken into account the clear record of Mr. Ferguson.
----
Kevin G Coutts
--Chairman
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: 2175b33f30e3bf6cba81120cc138707e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/01/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Bay of Plenty HRC - 27 January 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed following race No 7 the informant was Mr. T. Taumanu and this information alleged a breach of rule 869 (3) (b), Careless Driving by horseman Mr P C Ferguson.
An information was filed following race No 7 the informant was Mr. T. Taumanu and this information alleged a breach of rule 869 (3) (b), Careless Driving by horseman Mr P C Ferguson.
--The information alleged that Mr Ferguson, the horseman of NULLABOR SONG, drove carelessly when he allowed his horse to strike the sulky wheel of OKETE STAR, which resulted in NULLABOR SONG breaking with checks to RUSSIAN BRIDE and MILLY ME, these runners breaking with approximately 900 meters to run.
----
Mr Ferguson did not admit the breach of this rule and was present at this hearing.
----
Mr Taumanu showed the video of the alleged incident and this showed NULLABOR SONG strike the sulky wheel of OKETE STAR at or about the 900 meter point of this race when racing in a trailing position. OKETE STAR was racing in the parked out position and this runner had come back slightly at this point of the race.
----
Mr. Ferguson stated in his evidence that he had been a “bit unlucky”, his horse was green and had a murphy blind fitted. Mr. Ferguson admitted that he had struck the wheel of OKETE STAR however he also stated that his horse had not broken stride for three strides following striking the wheel. Mr Ferguson also blamed OKETE STAR for easing back at this point for this incident. Mr Ferguson laid the blame on his horse’s greenness and lack of experience for this incident. Mr Ferguson, while admitting that his horse had struck the wheel of OKETE STAR, stated that in his opinion he was not careless.
----
Mr D. Butcher was called as a witness for Mr Ferguson and he stated that OKETE STAR had been racing in the parked out position and when he tried to come from three wide to two wide OKETE STAR had come back slightly and this was when Mr Ferguson had struck his wheel.
----
Both Mr Taumanu and Mr Ferguson summed up and Mr Taumanu reiterated that Mr Ferguson was a senior horseman and he had an obligation to be aware of what was happening ahead of him just as a driver on the motorway did.
----
DECISION AND REASONS :
--Having taken into consideration the evidence of the video film of this incident, the evidence of Mr Taumanu, Mr D Butcher and Mr Ferguson, it is my finding that Mr Ferguson is in breach of rule 869(3) (b). I find the charge of careless driving proven.
----
Mr Ferguson by his own admission did strike the wheel of OKETE STAR; as a result of this Mr Ferguson’s horse did break stride and gallop causing checks to both RUSSIAN BRIDE and MILLY ME as alleged by Mr Taumanu. Mr Ferguson has an obligation under the rules to be aware of what is happening ahead at all times.
----
The definition of careless used by the J.C.A. is “ Not taking care or paying attention”.
--In this instance and at the point of contact it is my finding that Mr Ferguson was not taking care or paying attention.
----
Submissions on penalty were heard from both Mr Ferguson and Mr Taumanu, Mr Taumanu sought a fine in the region of $300.00 as Mr Ferguson had no previous charges on his record. The driving record of Mr Ferguson was presented for perusal. A fine of $300.00 was imposed in this instance having taken into account the clear record of Mr. Ferguson.
----
Kevin G Coutts
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dc4fb415f551fb275a0f2cd50bde7d5b
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: 06e2a434683ce5006054a84c07c3f809
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2008
meet_title: Bay of Plenty HRC - 27 January 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Bay of Plenty HRC