Manawatu HRC 23 May 2019 – R 5 (heard 24 May 2019 at Alexandra Park) – Chair, Mr A Dooley

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startdate: 23/05/2019

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hearing_title: Manawatu HRC 23 May 2019 - R 5 (heard 24 May 2019 at Alexandra Park) - Chair, Mr A Dooley

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Decision:

Rules: 869(2)(a) & clause (b) the use of whip regulations

Committee: ADooley (chair) - ASmith

Name(s): Mr P Ferguson- Licensed Open Horseman

Informant: Mr J Muirhead – Senior Stipendiary Steward

Information Number: A10321

Plea: Admitted

Charge: Breach of Rule 869(2) - excessive use of the whip

Evidence:

This charge arises from the running of race 5 at the Manawatu HRC on 23 May 2019.

An Information was filed by Senior Stipendiary Steward, Mr Muirhead, at the Auckland TC on 24 May 2019. He alleged that Licensed Open Horseman, Mr Ferguson, breached Rule 869(2)(b) in that he used his whip on more occasions than permitted driving HONOR THE BET over the final 400 metres.

Mr Muirhead produced a letter from General Manager Stewards, Mr McIntyre, authorising to lodge this Information pursuant to Rule 1108(2).

Rule 869(2)

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 Ferguson said that he understood the Rule and confirmed he admitted the breach.

Mr Muirhead advised the Committee that the Stewards had missed the breach last night at Manawatu and that is why the charge was being heard the following night at Alexandra Park prior to race 1.

Mr Muirhead, used available video footage to demonstrate the incident. He identified that inside the final 200 metres of the race Mr Ferguson used his whip on 13 occasions. He said that HONOUR THE BET was being challenged for the lead over the final stages of the race and this is possibly why Mr Ferguson had lost count.

Mr Ferguson said he accepted that he used his whip on 13 occasions in the home straight. He said he was driving his horse to win the race and this was in the best interests of the industry.

Decision:

As Mr Ferguson admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Muirhread produced Mr Ferguson’s driving record which showed 1 previous breach of this Rule within the last 6 months. This occurred on 24 January 2019 and resulted in a fine of $200. Mr Ferguson has since had 154 drives.

Mr Muirhead submitted that the JCA Penalty Guide provides a suspension for a 2nd breach within the reset period (6 months or 200 drives). He said this particular breach was at the low end and would leave it to the Committee to impose an appropriate penalty.

Mr Ferguson said the breach was low end and he accepted that it was his 2nd offence within 4 months. He stated that the reset period of 200 drives was “too many” and a 3 day suspension could result in as much as a 1 month suspension because there is no upcoming “circuit racing” in the Central Districts. He submitted that a $200 to $300 fine would be appropriate and added that a suspension would be over the top for the circumstances of this breach.

In response to a question from the Committee, Mr Ferguson sought a 7 day deferment to any proposed suspension.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide establishes a starting point of a 3 to 5 day suspension for a second breach of the Whip Regulations within the reset period.

The Committee reviewed the video footage and found that Mr Ferguson used his whip on 13 occasions in the home straight. We deemed the breach to be in the low range and therefore adopted 3 days as the starting point.

Mr Ferguson admitted the breach but that was inevitable given the compelling video evidence. There were no other mitigating factors that warranted a reduction in penalty.

We observed that HONOUR THE BET won the race by a narrow margin (neck).

We reviewed the JCA database which showed over the last 13 months 33 Drivers had a second breach of this Rule within the reset period. To impose a suspension of less than 3 days would be inappropriate and inconsistent with other penalties imposed on Drivers throughout the country.

After taking into account all the above factors there were no compelling reasons to deviate away from the JCA Penalty Guide.

Penalty:

Pursuant to Rule 1304 the Committee grants Mr Ferguson a 7 day deferment to his suspension.

The Committee impose a 3 day suspension on Mr Ferguson’s driver’s license commencing after racing on 31 May and concluding after racing on 14 June 2019. This encompasses 6 June at Cambridge, 7 June at Auckland and 14 June at Auckland.

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hearing_type: Old Hearing

Rules: 869(2)(a) & clause (b) the use of whip regulations

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