Archive Decision

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Manawatu HRC 13 February 2018 – R 1 – Chair, Mr T Utikere

ID: JCA17022

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr D Ferguson - Licensed Junior Horseman

Other Person:
Mr J Muirhead - Stipendiary Steward

Information Number:
A2345

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Manawatu HRC - 13 February 2018

Meet Chair:
TUtikere

Race Date:
2018/02/13

Race Number:
R1

Decision:

As the charge was admitted, the Committee deemed the charge proved.

Penalty:

Mr Ferguson is fined $200.

Facts:

Following the running of Race 1 (Royden Williams Race Photography Handicap Trot 2500m) Information A2345 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that he "used his whip excessively driving HOT N FAST over the final 400 metres". Mr Ferguson signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.

Rule 869 states: "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."

Using the side-on film Mr Muirhead identified HOT N FAST racing second to last as the field approached the 400 metres. From that point he was observed to use his whip on 13 occasions.

Mr Mulcay confirmed that Mr D Ferguson had viewed the films in the presence of Senior Horseman Mr P Ferguson, and while he had taken issue with some of the earlier 'strikes' he conceded that his use of the whip was in breach of the Regulations.

Submissions for Penalty:

Mr Mulcay identified that Mr Ferguson had a clear record under this rule, and that stewards had warned him about his whip use on previous ocassions. He submitted a fine as an appropriate penalty.

Reasons for Penalty:

It is clear from the films that Mr Ferguson executed at least 13 strikes over the concluding 400 metres of the race. One of those strikes was a firm downwards motion which connected with his cart. If Mr Ferguson has any issues with what might be considered as strikes, then he must ensure that he does not adopt a whip action in a way that would leave himself open to query. The Committee considers a fine as appropriate and also notes the Respondent's early admission of the breach and that this is his first breach of the rule.

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: c333ca405c8eb183034a4d4ee63187b1


informantnumber: A2345


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 13/02/2018


hearing_title: Manawatu HRC 13 February 2018 - R 1 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 1 (Royden Williams Race Photography Handicap Trot 2500m) Information A2345 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that he "used his whip excessively driving HOT N FAST over the final 400 metres". Mr Ferguson signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.

Rule 869 states: "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."

Using the side-on film Mr Muirhead identified HOT N FAST racing second to last as the field approached the 400 metres. From that point he was observed to use his whip on 13 occasions.

Mr Mulcay confirmed that Mr D Ferguson had viewed the films in the presence of Senior Horseman Mr P Ferguson, and while he had taken issue with some of the earlier 'strikes' he conceded that his use of the whip was in breach of the Regulations.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deemed the charge proved.


sumissionsforpenalty:

Mr Mulcay identified that Mr Ferguson had a clear record under this rule, and that stewards had warned him about his whip use on previous ocassions. He submitted a fine as an appropriate penalty.


reasonsforpenalty:

It is clear from the films that Mr Ferguson executed at least 13 strikes over the concluding 400 metres of the race. One of those strikes was a firm downwards motion which connected with his cart. If Mr Ferguson has any issues with what might be considered as strikes, then he must ensure that he does not adopt a whip action in a way that would leave himself open to query. The Committee considers a fine as appropriate and also notes the Respondent's early admission of the breach and that this is his first breach of the rule.


penalty:

Mr Ferguson is fined $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr D Ferguson - Licensed Junior Horseman


Otherperson: Mr J Muirhead - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 256eb02c3ca6bf39adb62b04c99fedab


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3d0a276e3dd4d401cd189146b293ccd8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/02/2018


meet_title: Manawatu HRC - 13 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: none


meet_pm2: none


name: Manawatu HRC