Archive Decision

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Kumeu TC 16 December 2014 – R 5

ID: JCA14990

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr P Ferguson - Open Horseman

Other Person:
Ms P Kinsey - Stipendiary Steward

Information Number:
A6509

Hearing Type:
Hearing

New Charge:
Driving inside the markers

Rules:
869(7A)(a) & (b)

Plea:
admitted

Meet Title:
Kumeu TC - 16 December 2014

Meet Chair:
BScott

Race Date:
2014/12/16

Race Number:
R6

Decision:

The charge is admitted and is therefore upheld.

Penalty:

Mr Ferguson is fined the sum of $200.00.

Facts:

After the running of the CADUCEUS CLUB HANDICAP PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr P Ferguson alleging that Mr Ferguson contacted track markers and allowed WESTBURN COURAGE'S sulky to protrude inside the marker line in the run home.

Mr Ferguson was present and he advised me that he admitted the breach.

Stipendiary Steward Ms P Kinsey appeared on behalf of Mr Muirhead.

By consent of the parties the evidence given at the Protest hearing including the films was accepted for this hearing.

Submissions for Penalty:

Ms Kinsey said that Mr Ferguson had a good record as far as this charge was concerned. She did say that Mr Ferguson should be given credit for his record and his admission of the breach. She said however that an aggravating feature was that Mr Ferguson's horse had been disqualified from the race following the Protest hearing.

Ms Kinsey said that there had been 2 similar incidents at Alexandra Park recently resulting in fines of $300.00 and $200.00 being imposed by the Judicial Committees.

Mr Ferguson said that having looked at the films in the Protest hearing he may have been confused because of the location of the pylon at the beginning of the passing lane. He said it appeared to be inside the line of the remaining markers. He did rely on his good record and his admission of the breach and said that as this was a low key meeting that a fine of $150.00 or less would be appropriate.

Reasons for Penalty:

The breach was very clear and this resulted in the disqualification of Mr Ferguson's horse and this is clearly an aggravating factor.

However Mr Ferguson is a busy Driver and does have a good record as far as this rule is concerned . He has admitted the breach and has now understood the principle behind this rule.

Taking all of the above into account I believe that a fine of $200.00 is appropriate.

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: 95c0ea758d51b83d94dc16ae8d246018


informantnumber: A6509


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Driving inside the markers


plea: admitted


penaltyrequired: 1


decisiondate: 13/12/2014


hearing_title: Kumeu TC 16 December 2014 - R 5


charge:


facts:

After the running of the CADUCEUS CLUB HANDICAP PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr P Ferguson alleging that Mr Ferguson contacted track markers and allowed WESTBURN COURAGE'S sulky to protrude inside the marker line in the run home.

Mr Ferguson was present and he advised me that he admitted the breach.

Stipendiary Steward Ms P Kinsey appeared on behalf of Mr Muirhead.

By consent of the parties the evidence given at the Protest hearing including the films was accepted for this hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and is therefore upheld.


sumissionsforpenalty:

Ms Kinsey said that Mr Ferguson had a good record as far as this charge was concerned. She did say that Mr Ferguson should be given credit for his record and his admission of the breach. She said however that an aggravating feature was that Mr Ferguson's horse had been disqualified from the race following the Protest hearing.

Ms Kinsey said that there had been 2 similar incidents at Alexandra Park recently resulting in fines of $300.00 and $200.00 being imposed by the Judicial Committees.

Mr Ferguson said that having looked at the films in the Protest hearing he may have been confused because of the location of the pylon at the beginning of the passing lane. He said it appeared to be inside the line of the remaining markers. He did rely on his good record and his admission of the breach and said that as this was a low key meeting that a fine of $150.00 or less would be appropriate.


reasonsforpenalty:

The breach was very clear and this resulted in the disqualification of Mr Ferguson's horse and this is clearly an aggravating factor.

However Mr Ferguson is a busy Driver and does have a good record as far as this rule is concerned . He has admitted the breach and has now understood the principle behind this rule.

Taking all of the above into account I believe that a fine of $200.00 is appropriate.


penalty:

Mr Ferguson is fined the sum of $200.00.


hearing_type: Hearing


Rules: 869(7A)(a) & (b)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Mr P Ferguson - Open Horseman


Otherperson: Ms P Kinsey - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9b1c25d170c4aab1206303c45d120b58


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 90d8310393a2a5087d2f0ed71e11aa1d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/12/2014


meet_title: Kumeu TC - 16 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kumeu-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: none


meet_pm2: none


name: Kumeu TC