Archive Decision

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Invercargill HRC 1 March 2020 – R 9 – Chair, Prof G Hall

ID: JCA15186

Applicant:
Mr V Munro - Stipendiary Steward

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

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A12720

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:
Invercargill HRC - 1 March 2020

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2020/03/01

Race Number:
R 9

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 NATURAL FIRE in Race 9 used his whip on more occasions than is permitted by the Use of the Whip regulations.

Miss Haley, Stipendiary Steward, demonstrated on the race films that the respondent used his whip 11 times in the final 400 metres. The horse finished first.

Mr Ferguson stated that NATURAL FIRE was a horse that had to be continually urged to give its best or otherwise it would ease up. He agreed the count was 11.

Submissions for Penalty:

Mr Munro produced Mr Ferguson’s record. Mr Ferguson has had 2435 lifetime drives, 178 last season and 264 this season. His record is clear under this rule since 4 August 2019.

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: 734daa3256e2f9eb1112d1c545f23d8c


informantnumber: A12720


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 02/03/2020


hearing_title: Invercargill HRC 1 March 2020 - R 9 - Chair, Prof G Hall


charge:


facts:

Stipendiary Steward, Mr Munro, alleged that Mr Ferguson, the driver of NATURAL FIRE in Race 9 used his whip on more occasions than is permitted by the Use of the Whip regulations.

Miss Haley, Stipendiary Steward, demonstrated on the race films that the respondent used his whip 11 times in the final 400 metres. The horse finished first.

Mr Ferguson stated that NATURAL FIRE was a horse that had to be continually urged to give its best or otherwise it would ease up. He agreed the count was 11.


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 has had 2435 lifetime drives, 178 last season and 264 this season. His record is clear under this rule since 4 August 2019.


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: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a118eea2dd704f36e07bb9841eca4709


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: df399e23a7bee1a4b2986702ce7295e3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/03/2020


meet_title: Invercargill HRC - 1 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Invercargill HRC