Archive Decision

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NZ Metro TC 25 March 2911 – R 5

ID: JCA17031

Applicant:
Mr N McIntyre - Stipendiary Steward

Respondent(s):
Mr P Ferguson

Other Person:
Mr D Butcher - driver of DOUGIE MAGUIRE

Information Number:
68947

Hearing Type:
Hearing

Rules:
869(4)

Plea:
denied

Meet Title:
NZ Metro TC - 25 March 2011

Meet Chair:
BRowe

Meet Committee Member 1:
JPhelan

Meet Committee Member 2:
RMcKenzie

Race Date:
2011/03/25

Race Number:
R 5

Decision:

For the above reasons the charge is dismissed.

Charge:

Horseman P Ferguson allowed NIGHT OF THE STARS to shift outwards, cramping DOUGIE MAGUIRE out onto CORINGA CORY (D Dunn) causing interference to DOUGIE MAGUIRE shortly after the start.

Facts:

Mr Butcher said NIGHT OF THE STARS drifted out a bit, my horse followed it out, its leg touched the wheel of the horse outside me (CORINGA CORY) and it galloped.

In cross examination Mr Butcher agreed NIGHT OF THE STARS had “ducked out” and that Mr Ferguson had quickly corrected it. He confirmed there was no contact between DOUGIE MAGUIRE and NIGHT OF THE STARS.

Mr McIntyre showed and interpreted the video films of the incident. He said NIGHT OF THE STARS had drawn barrier one and had shifted out after the start, tightened DOUGIE MAGUIRE onto CORINGA CORY resulting in DOUGIE MAGUIRE breaking. He said NIGHT OF THE STARS had shifted out half a cart before Mr Ferguson took any corrective action – he had done too little too late.

Mr Ferguson said NIGHT OF THE STARS had drifted out a touch – he had it under a rein to keep it in a straight line – he cleared Mr Butcher, NIGHT OF THE STARS came out for a stride and he instantly straightened it. He said Mr Butcher’s horse had followed NIGHT OF THE STARS outwards. He denied allowing NIGHT OF THE STARS to shift out and said he had done everything possible to avoid an incident.

Submissions for Decision:

Mr McIntyre summed up in accord with the evidence he had given. He said Mr Butcher’s horse was already cramped up before Mr Ferguson took any action.

In his summary Mr Ferguson said he did not allow NIGHT OF THE STARS to shift out – it was wanting to lug out – he had it under a hold and was taking corrective action the whole way – the horse may have resented this causing it to “duck out” – that took him by surprise and it was that outward movement which caused Mr Butcher’s horse to get cramped.

Reasons for Decision:

The evidence of Mr Ferguson that NIGHT OF THE STARS “ducked out” and he instantly straightened, it was not challenged. The question to be answered is whether or not Mr Ferguson took any action to prevent NIGHT OF THE STARS drifting out before DOUGIE MAGUIRE was cramped for room. There is a direct conflict of evidence between Mr McIntyre and Mr Ferguson. We have extensively reviewed the video films; however we are left in a state of doubt.

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: c486506cc9f5a9fabe00c04fb146c651


informantnumber: 68947


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 24/02/2011


hearing_title: NZ Metro TC 25 March 2911 - R 5


charge:

Horseman P Ferguson allowed NIGHT OF THE STARS to shift outwards, cramping DOUGIE MAGUIRE out onto CORINGA CORY (D Dunn) causing interference to DOUGIE MAGUIRE shortly after the start.


facts:

Mr Butcher said NIGHT OF THE STARS drifted out a bit, my horse followed it out, its leg touched the wheel of the horse outside me (CORINGA CORY) and it galloped.

In cross examination Mr Butcher agreed NIGHT OF THE STARS had “ducked out” and that Mr Ferguson had quickly corrected it. He confirmed there was no contact between DOUGIE MAGUIRE and NIGHT OF THE STARS.

Mr McIntyre showed and interpreted the video films of the incident. He said NIGHT OF THE STARS had drawn barrier one and had shifted out after the start, tightened DOUGIE MAGUIRE onto CORINGA CORY resulting in DOUGIE MAGUIRE breaking. He said NIGHT OF THE STARS had shifted out half a cart before Mr Ferguson took any corrective action – he had done too little too late.

Mr Ferguson said NIGHT OF THE STARS had drifted out a touch – he had it under a rein to keep it in a straight line – he cleared Mr Butcher, NIGHT OF THE STARS came out for a stride and he instantly straightened it. He said Mr Butcher’s horse had followed NIGHT OF THE STARS outwards. He denied allowing NIGHT OF THE STARS to shift out and said he had done everything possible to avoid an incident.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre summed up in accord with the evidence he had given. He said Mr Butcher’s horse was already cramped up before Mr Ferguson took any action.

In his summary Mr Ferguson said he did not allow NIGHT OF THE STARS to shift out – it was wanting to lug out – he had it under a hold and was taking corrective action the whole way – the horse may have resented this causing it to “duck out” – that took him by surprise and it was that outward movement which caused Mr Butcher’s horse to get cramped.


reasonsfordecision:

The evidence of Mr Ferguson that NIGHT OF THE STARS “ducked out” and he instantly straightened, it was not challenged. The question to be answered is whether or not Mr Ferguson took any action to prevent NIGHT OF THE STARS drifting out before DOUGIE MAGUIRE was cramped for room. There is a direct conflict of evidence between Mr McIntyre and Mr Ferguson. We have extensively reviewed the video films; however we are left in a state of doubt.


Decision:

For the above reasons the charge is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: 869(4)


Informant: Mr N McIntyre - Stipendiary Steward


JockeysandTrainer: Mr P Ferguson


Otherperson: Mr D Butcher - driver of DOUGIE MAGUIRE


PersonPresent:


Respondent:


StipendSteward:


raceid: 9a0fe88797971fc400a9f8dc615631cf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f5fb339df6bf0063caa741f5f3523bb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/03/2011


meet_title: NZ Metro TC - 25 March 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: JPhelan


meet_pm2: RMcKenzie


name: NZ Metro TC