Manawatu HRC 22 November 2018 – R 2 – Chair, Mr N McCutcheon
ID: JCA16845
Meet Title:
Manawatu HRC - 22 November 2018
Meet Chair:
NMcCutcheon
Race Date:
2018/11/22
Race Number:
R 2
Decision:
As the charge was admitted it was deemed proved by the Committee.
Penalty:
Mr Ferguson was fined $200.
Facts:
Following the running of Race 2 (ACCOMMODATION GATEWAY MOTEL MOBILE PACE 2000M) Information No. A10257 was filed with the Judicial Committee. The Informant alleged that Mr Ferguson dropped his foot from the footrest making contact with GEOFF’S LEGACY’S right hind leg near the 1000m.
Rule 867 provides:
Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.
Mr Ferguson said that he understood the Rule, charge and confirmed that he admitted the breach.
Mr Muirhead showed the film replays and said that with 1000m to travel Mr Ferguson was activating some gear when he dropped his right foot from the footrest and made contact with his horse’s right hoof on two occasions. He said that the perception was of concern and that the Stewards did consider an improper charge but elected to settle on a minor infringement charge.
Mr Ferguson agreed with Mr Muirhead’s interpretation of the incident but said that it was not intentional and only accidental as he was leaning back activating gear when his foot dropped from the footrest.
Submissions for Penalty:
Mr Muirhead said that the incident was not intentional but in the Stewards' opinion it was careless at best. He said that Mr Ferguson had a good record and recommended that the fine be at least double that of the minor infringement penalty of $100.
Mr Ferguson reiterated that it was accidental and asked the Committee to take into account his guilty plea and that he is a junior horseman.
Mr P Ferguson said that Mr Muirhead had been fair in saying that it was accidental and had nothing to add regarding penalty.
Reasons for Penalty:
It was clear that with 1000m to travel Mr Ferguson’s right foot dropped from the footrest and made contact with his horse’s right rear hoof on two occasions. It was only after the second contact was made that Mr Ferguson was observed to put his foot back up on the footrest. Taking into consideration all of the submissions the Committee was satisfied that the penalty should be greater than the minor infringement of $100.
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: a9884a4d9dc49169708a426d2fab4a23
informantnumber: A10257
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Dropped foot from footrest
plea: admitted
penaltyrequired: 1
decisiondate: 27/11/2018
hearing_title: Manawatu HRC 22 November 2018 - R 2 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 2 (ACCOMMODATION GATEWAY MOTEL MOBILE PACE 2000M) Information No. A10257 was filed with the Judicial Committee. The Informant alleged that Mr Ferguson dropped his foot from the footrest making contact with GEOFF’S LEGACY’S right hind leg near the 1000m.
Rule 867 provides:
Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.
Mr Ferguson said that he understood the Rule, charge and confirmed that he admitted the breach.
Mr Muirhead showed the film replays and said that with 1000m to travel Mr Ferguson was activating some gear when he dropped his right foot from the footrest and made contact with his horse’s right hoof on two occasions. He said that the perception was of concern and that the Stewards did consider an improper charge but elected to settle on a minor infringement charge.
Mr Ferguson agreed with Mr Muirhead’s interpretation of the incident but said that it was not intentional and only accidental as he was leaning back activating gear when his foot dropped from the footrest.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved by the Committee.
sumissionsforpenalty:
Mr Muirhead said that the incident was not intentional but in the Stewards' opinion it was careless at best. He said that Mr Ferguson had a good record and recommended that the fine be at least double that of the minor infringement penalty of $100.
Mr Ferguson reiterated that it was accidental and asked the Committee to take into account his guilty plea and that he is a junior horseman.
Mr P Ferguson said that Mr Muirhead had been fair in saying that it was accidental and had nothing to add regarding penalty.
reasonsforpenalty:
It was clear that with 1000m to travel Mr Ferguson’s right foot dropped from the footrest and made contact with his horse’s right rear hoof on two occasions. It was only after the second contact was made that Mr Ferguson was observed to put his foot back up on the footrest. Taking into consideration all of the submissions the Committee was satisfied that the penalty should be greater than the minor infringement of $100.
penalty:
Mr Ferguson was fined $200.
hearing_type: Hearing
Rules: 867
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr D Ferguson - Junior Horseman and Driver of GEOFFS LEGACY
Otherperson: Mr P Ferguson - Assisting Mr Ferguson
PersonPresent:
Respondent:
StipendSteward:
raceid: 42c2f1e8d458c9e64412412cb3464d5a
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: 828a47dffc857066575c5a72cce5a57b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/11/2018
meet_title: Manawatu HRC - 22 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: none
meet_pm2: none
name: Manawatu HRC