Cambridge -Te Awamutu HRC 24 December 2010 – R 10
ID: JCA17661
Meet Title:
Cambridge - Te Awamutu HRC - 24 December 2010
Meet Chair:
JHolloway
Meet Committee Member 1:
BScott
Race Date:
2010/12/24
Race Number:
R10
Decision:
The charge was established.
Penalty:
A fine of $150 was ordered.
Charge:
Allowing his horse to shift down in the run home striking several marker pylons causing his horse to break.
Facts:
Stipendiary Steward Mr N Ydgren lodged an information alleging that in race 10 Mr Ferguson shifted down and allowed his runner to strike several pylons causing his horse 'Next Door To Alice' to break
Mr Ferguson appeared for the hearing and denied the charge. The relevant sections of the rule were read.
Rule 869(4) states
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress
Rule 869(7A) states
Every horseman who moves inwards shall ensure
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line
(c)....
It shall be a defence to a breach of this sub rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or of any other horse or horseman in the race
Mr Ydgren referred to film footage from various angles on the concluding stages of the race and identified Mr Ferguson driving 'Next Door To Alice'. On the final turn he was three back on the running line behind Mr McFarlane on Hastilea.
Mr McFarlane was entitled to the passing lane and whilst there initially appeared to be a gap sufficient to allow Mr Feguson inside him it closed up prior to Mr Ferguson being able to take that advantage. Instead as the gap tightened he progressed into a decreasing space and ran over several pylons causing his horse to gallop.
Cross examined by Mr Ferguson, Mr Ydgren conceded that Mr Stormont on Manotick Express improving through the field had moved down onto Mr McFarlane resulting in him moving inwards.
Mr Ferguson told the hearing that because Mr McFarlane was not taking the passing lane he was entitled to move down. Following on Mr Stormont had moved down forcing Mr McFarlane towards the pylons and forcing Mr Ferguson over the pylons. He had called for room at the point where his horse was near the shoulder of Mr McFarlane.
On cross examination by Mr Ydgren Mr Ferguson conceded he was not actually inside Mr McFarlane at the time he began moving down. He had called to Mr McFarlane at the time his horse was near the shoulder of Mr McFarlane.
Mr McFarlane told the hearing that at the time he moved inwards Mr Stormont was coming past him quickly. He wasn't totally aware that Mr Ferguson was coming up on his inside as he shifted ground inwards but thought the front feet of Next Door To Alice were close to his wheel. In response to questions from the committee Mr McFarlane conceded that at the time Mr Ferguson went to move inside there may have been room for Mr Ferguson's horse but not his sulky.
Submissions for Decision:
Mr Ydgren suggested that whilst Mr Ferguson had attempted to go through an existing gap, by the time he was in a position to do so that gap had reduced to such an extent that to continue on was foolhardy. Instead of proceeding with the move he should have taken hold and explored other options. As a result of pursuing the reducing gap his horse drove over pylons causing it to break. It was fortunate that no other horses were affected by his move. It was a risky manoeuvre which on occasions could pay off but on this occasion it had not with the resultant repercussions.
Mr Ferguson felt that there was enough room definitely for his horse but maybe not the sulky. If the other horses had not moved down on him and had maintained straight lines then he would not have been forced over the pylons. His manoeuvre had been put at risk by the inwards movement of Mr Stormont and the resultant movement of Mr McFarlane.
Reasons for Decision:
The Committee listened closely to the evidence given by both parties and reviewed films of the various angles. From the film footage it is clear that Mr Ferguson continued to look for a gap against the pylons that disappeared. At no stage was Mr Ferguson in a place to seek the position on the running line and by forcing his way through a space that did not provide him sufficient space was a risky manoeuvre that was unsuccessful and breached the relevant sections of Rule 869.
The inwards movements of both Messrs Stormont and McFarlane had commenced prior to Mr Ferguson being in position to avail himself of the passing lane option and in sufficient time for him to have responded and taken other options. By proceeding he had been the author of his own misfortune.
Submissions for Penalty:
Mr Ydgren referred to penalty guidelines which provided for a fine of $200 as a starting point. The breach had been at the lower end of the scale and Mr Ferguson enjoyed an excellent driving record. His horse had been the only one affected by the manoeuvre.
Mr Ferguson reinforced the breach was at the lower end of the scale and the mitigating circumstances surrounding the pressure of the other runners.
Reasons for Penalty:
The committee took into account Mr Ferguson's driving record, and the mitigating circumstances of the breach which was assessed as being at the lower end of the scale.
JCA Decision Fields (raw)
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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: dd3b736774d3c6b8bea5ee4d12e4663c
informantnumber: 69404
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Cambridge -Te Awamutu HRC 24 December 2010 - R 10
charge:
Allowing his horse to shift down in the run home striking several marker pylons causing his horse to break.
facts:
Stipendiary Steward Mr N Ydgren lodged an information alleging that in race 10 Mr Ferguson shifted down and allowed his runner to strike several pylons causing his horse 'Next Door To Alice' to break
Mr Ferguson appeared for the hearing and denied the charge. The relevant sections of the rule were read.
Rule 869(4) states
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress
Rule 869(7A) states
Every horseman who moves inwards shall ensure
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line
(c)....
It shall be a defence to a breach of this sub rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or of any other horse or horseman in the race
Mr Ydgren referred to film footage from various angles on the concluding stages of the race and identified Mr Ferguson driving 'Next Door To Alice'. On the final turn he was three back on the running line behind Mr McFarlane on Hastilea.
Mr McFarlane was entitled to the passing lane and whilst there initially appeared to be a gap sufficient to allow Mr Feguson inside him it closed up prior to Mr Ferguson being able to take that advantage. Instead as the gap tightened he progressed into a decreasing space and ran over several pylons causing his horse to gallop.
Cross examined by Mr Ferguson, Mr Ydgren conceded that Mr Stormont on Manotick Express improving through the field had moved down onto Mr McFarlane resulting in him moving inwards.
Mr Ferguson told the hearing that because Mr McFarlane was not taking the passing lane he was entitled to move down. Following on Mr Stormont had moved down forcing Mr McFarlane towards the pylons and forcing Mr Ferguson over the pylons. He had called for room at the point where his horse was near the shoulder of Mr McFarlane.
On cross examination by Mr Ydgren Mr Ferguson conceded he was not actually inside Mr McFarlane at the time he began moving down. He had called to Mr McFarlane at the time his horse was near the shoulder of Mr McFarlane.
Mr McFarlane told the hearing that at the time he moved inwards Mr Stormont was coming past him quickly. He wasn't totally aware that Mr Ferguson was coming up on his inside as he shifted ground inwards but thought the front feet of Next Door To Alice were close to his wheel. In response to questions from the committee Mr McFarlane conceded that at the time Mr Ferguson went to move inside there may have been room for Mr Ferguson's horse but not his sulky.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren suggested that whilst Mr Ferguson had attempted to go through an existing gap, by the time he was in a position to do so that gap had reduced to such an extent that to continue on was foolhardy. Instead of proceeding with the move he should have taken hold and explored other options. As a result of pursuing the reducing gap his horse drove over pylons causing it to break. It was fortunate that no other horses were affected by his move. It was a risky manoeuvre which on occasions could pay off but on this occasion it had not with the resultant repercussions.
Mr Ferguson felt that there was enough room definitely for his horse but maybe not the sulky. If the other horses had not moved down on him and had maintained straight lines then he would not have been forced over the pylons. His manoeuvre had been put at risk by the inwards movement of Mr Stormont and the resultant movement of Mr McFarlane.
reasonsfordecision:
The Committee listened closely to the evidence given by both parties and reviewed films of the various angles. From the film footage it is clear that Mr Ferguson continued to look for a gap against the pylons that disappeared. At no stage was Mr Ferguson in a place to seek the position on the running line and by forcing his way through a space that did not provide him sufficient space was a risky manoeuvre that was unsuccessful and breached the relevant sections of Rule 869.
The inwards movements of both Messrs Stormont and McFarlane had commenced prior to Mr Ferguson being in position to avail himself of the passing lane option and in sufficient time for him to have responded and taken other options. By proceeding he had been the author of his own misfortune.
Decision:
The charge was established.
sumissionsforpenalty:
Mr Ydgren referred to penalty guidelines which provided for a fine of $200 as a starting point. The breach had been at the lower end of the scale and Mr Ferguson enjoyed an excellent driving record. His horse had been the only one affected by the manoeuvre.
Mr Ferguson reinforced the breach was at the lower end of the scale and the mitigating circumstances surrounding the pressure of the other runners.
reasonsforpenalty:
The committee took into account Mr Ferguson's driving record, and the mitigating circumstances of the breach which was assessed as being at the lower end of the scale.
penalty:
A fine of $150 was ordered.
hearing_type: Hearing
Rules: 869(4)&(7A)(a)&(b)
Informant: Mr N Ydgren
JockeysandTrainer: P Ferguson
Otherperson: T McFarlane
PersonPresent:
Respondent:
StipendSteward:
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race_title: R10
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meetdate: 24/12/2010
meet_title: Cambridge - Te Awamutu HRC - 24 December 2010
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