Archive Decision

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Forbury Park TC 4 August 2019 – R 2 – Chair, Prof G Hall

ID: JCA15452

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr C Ferguson - Licensed Open Driver

Other Person:
Mr Renault - Stipendiary Steward

Information Number:
A9833

Hearing Type:
Hearing

New Charge:
Contravention of the Use of the Whip Regulations

Rules:
869(2) and Use of the Whip Regulations

Plea:
admitted

Meet Title:
Forbury Park TC - 4 August 2019

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2019/08/04

Race Number:
R 2

Decision:

As Mr Ferguson has admitted the breach, the breach is found to be proved.

Penalty:

Mr Ferguson is fined the sum of $200.

Facts:

Stipendiary Steward, Mr Munro, alleged that Mr Ferguson, the driver of CARLO GAMBINO in race 2 the New Zealand Transport Ltd Mobile Pace used his whip on more occasions than is permitted by the Use of the Whip regulations.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault, Stipendiary Steward, demonstrated on the race films that the respondent, who was one out and two back at the 400 metres, improved down the outside of the track in the last 200 metres. Mr Ferguson used his whip 11 times. The horse finished second.

Submissions for Penalty:

Mr Munro produced Mr Ferguson’s record. Mr Ferguson had 264 drives last season and 278 the season before. His record is clear under this rule since 13 October 2018. He has had 234 drives since that time.

Reasons for Penalty:

The breach is low-range. The count starts again after 6 months or 200 drives. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances.

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: 94f775fec1a6c9faf90fdf94bd32d307


informantnumber: A9833


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 06/08/2019


hearing_title: Forbury Park TC 4 August 2019 - R 2 - Chair, Prof G Hall


charge:


facts:

Stipendiary Steward, Mr Munro, alleged that Mr Ferguson, the driver of CARLO GAMBINO in race 2 the New Zealand Transport Ltd Mobile Pace used his whip on more occasions than is permitted by the Use of the Whip regulations.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault, Stipendiary Steward, demonstrated on the race films that the respondent, who was one out and two back at the 400 metres, improved down the outside of the track in the last 200 metres. Mr Ferguson used his whip 11 times. The horse finished second.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Ferguson has admitted the breach, the breach is found to be proved.


sumissionsforpenalty:

Mr Munro produced Mr Ferguson’s record. Mr Ferguson had 264 drives last season and 278 the season before. His record is clear under this rule since 13 October 2018. He has had 234 drives since that time.


reasonsforpenalty:

The breach is low-range. The count starts again after 6 months or 200 drives. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances.


penalty:

Mr Ferguson is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2) and Use of the Whip Regulations


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr C Ferguson - Licensed Open Driver


Otherperson: Mr Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 16b70bdf328c894990da14a0c0648190


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9cf7f6552a5505ebde1575a070b25b1a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/08/2019


meet_title: Forbury Park TC - 4 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC