Manawatu HRC 26 March 2015 – R 9
ID: JCA12667
Meet Title:
Manawatu HRC - 26 March 2015
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2015/03/26
Race Number:
R9
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Ferguson is fined $350.
Facts:
Following the running of Race 9 (SEE YOU SUNDAY 1ST RACE 12.20 MOBILE PACE 2500m), Information A2338 alleging a breach of Rule 869(2)(a) was filed with the judicial committee. It alleged that "Junior Horseman D Ferguson used his whip unnecessarily on FRANCO THANE when the gelding was tiring and out of contention".
The rule was read and Mr Ferguson (assisted by Mr Mitchell) confirmed he understood the rule and that he admitted the breach.
Using the back straight film, Mr Muirhead identified that early in the back straight Mr Ferguson's horse had started to weaken and that Mr Ferguson had responded by hitting his horse forcefully. FRANCO THANE had then locked wheels with another runner whilst racing down the back straight, and had moved outwards shortly after to which Mr Ferguson had switched hands and administered another four strikes. As FRANCO THANE approached the home bend, it was struck another three times. Mr Muirhead submitted that it was out of contention and the strikes delivered to it were totally unnecessary, unprofessional and damaging to Mr Ferguson's reputation.
Mr Ferguson had nothing further to add, except to say he was frustrated with the horse and that he simply had a 'brain explosion' as there was no need for his actions.
Submissions for Penalty:
In presenting Mr Ferguson's record, Mr Muirhead identified three previous breaches for excessive use of the whip. Two of those breaches had been dealt with by way of a $200 fine and one with a period of suspension. It was noted that Mr Ferguson had since been driving in Australia. Mr Muirhead submitted a fine of $300 as appropriate.
Mr Ferguson submitted that his previous breaches for excessive use of the whip had been during the finish of the race, and that this was his first breach for unnecessary use of the whip. He asked the committee to consider his early admission of the breach and sought a $200 fine.
Reasons for Penalty:
The JCA Penalty Guidelines suggest a starting point of a six drive suspension or a $300 fine. Mr Ferguson's previous breaches of this rule relate to excessive use and while the committee note this is his first breach where the nature of his whip use is considered unnecessary, it remains a specific breach of Rule 869(2)(a). In mitigation the committee considered Mr Ferguson's early admission of the breach, but this is balanced against the concerns regarding animal welfare and public perception issues that such a breach brings.
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: 470fcb4853f71dcde564a6e0c1fe82fb
informantnumber: A2338
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unnecessary use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/03/2015
hearing_title: Manawatu HRC 26 March 2015 - R 9
charge:
facts:
Following the running of Race 9 (SEE YOU SUNDAY 1ST RACE 12.20 MOBILE PACE 2500m), Information A2338 alleging a breach of Rule 869(2)(a) was filed with the judicial committee. It alleged that "Junior Horseman D Ferguson used his whip unnecessarily on FRANCO THANE when the gelding was tiring and out of contention".
The rule was read and Mr Ferguson (assisted by Mr Mitchell) confirmed he understood the rule and that he admitted the breach.
Using the back straight film, Mr Muirhead identified that early in the back straight Mr Ferguson's horse had started to weaken and that Mr Ferguson had responded by hitting his horse forcefully. FRANCO THANE had then locked wheels with another runner whilst racing down the back straight, and had moved outwards shortly after to which Mr Ferguson had switched hands and administered another four strikes. As FRANCO THANE approached the home bend, it was struck another three times. Mr Muirhead submitted that it was out of contention and the strikes delivered to it were totally unnecessary, unprofessional and damaging to Mr Ferguson's reputation.
Mr Ferguson had nothing further to add, except to say he was frustrated with the horse and that he simply had a 'brain explosion' as there was no need for his actions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Ferguson's record, Mr Muirhead identified three previous breaches for excessive use of the whip. Two of those breaches had been dealt with by way of a $200 fine and one with a period of suspension. It was noted that Mr Ferguson had since been driving in Australia. Mr Muirhead submitted a fine of $300 as appropriate.
Mr Ferguson submitted that his previous breaches for excessive use of the whip had been during the finish of the race, and that this was his first breach for unnecessary use of the whip. He asked the committee to consider his early admission of the breach and sought a $200 fine.
reasonsforpenalty:
The JCA Penalty Guidelines suggest a starting point of a six drive suspension or a $300 fine. Mr Ferguson's previous breaches of this rule relate to excessive use and while the committee note this is his first breach where the nature of his whip use is considered unnecessary, it remains a specific breach of Rule 869(2)(a). In mitigation the committee considered Mr Ferguson's early admission of the breach, but this is balanced against the concerns regarding animal welfare and public perception issues that such a breach brings.
penalty:
Mr Ferguson is fined $350.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr D Ferguson - Licensed Junior Horseman
Otherperson: Mr T Mitchell (Assisting Mr Ferguson)
PersonPresent:
Respondent:
StipendSteward:
raceid: aeca027d5c853c41aeb3a41bceadf9bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e4245982f9130c21e49c4ef16bb352c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2015
meet_title: Manawatu HRC - 26 March 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: TCastles
meet_pm2: none
name: Manawatu HRC