Archive Decision

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Thames HRC – 27 June 2008 – Race 9

ID: JCA20562

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Thames HRC - 27 June 2008

Race Date:
2008/06/27

Race Number:
Race 9

Decision: An information filed by Stipendiary Steward Mr J Muirhead against Mr P Ferguson, driver of SUHAILI, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly checking FASTLANE, driven by Mr A Grayling, causing it to break for several strides

An information filed by Stipendiary Steward Mr J Muirhead against Mr P Ferguson, driver of SUHAILI, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly checking FASTLANE, driven by Mr A Grayling, causing it to break for several strides racing into the first bend.  Mr Ferguson admitted the breach and was present at the hearing.

--

Mr Muirhead demonstrated the incident by use of the video film.  FASTLANE drew one behind the barrier and SUHAILI number two.  Racing into the first bend Mr Ferguson moved his horse inwards when insufficiently clear of FASTLANE causing that horse to break for a few strides before it regained its gait and its position.

--

Mr Ferguson said that he believed Mr Grayling could have given him room but he had admitted the breach because he was guilty.

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PENALTY :

--

Mr Muirhead said that Mr Ferguson had been frank about the matter, the track conditions should be taken into account and he accepted what Mr Ferguson said about Mr Grayling giving him some room.  He believed the offending was in the lower end of the scale.  He referred to the recommended starting point of a fine of $400.00 but recommended a fine of $300.00.  Mr Ferguson said he believed the offending was at the bottom of the scale.  Mr Muirhead agreed that I should take into account the large number of drives Mr Ferguson has.  He said Mr Ferguson had a breach for careless driving but it was five months ago.  In fixing penalty I take into account the following matters :

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1.         The guilty plea.

--

2.         The submissions of Mr Muirhead.

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3.         the submissions of Mr Ferguson.

--

4.         The offending was at the lower end of the scale taking into account the mitigating circumstances.

--

5.         The recommended starting point.

--

6.         The previous breach for careless driving – however, this was five months ago and Mr Ferguson has had a considerable number of drives in the meantime.

--

Balancing all of those matters I impose a fine of $300.00.

--

 

--

B Rowe

Chairman

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: 9f2d4fe01b20e039e20114cc0021e56d


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hearing_racingtype: harness-racing


startdate: 27/06/2008


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decisiondate: no date provided


hearing_title: Thames HRC - 27 June 2008 - Race 9


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submissionsfordecision:


reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr J Muirhead against Mr P Ferguson, driver of SUHAILI, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly checking FASTLANE, driven by Mr A Grayling, causing it to break for several strides

An information filed by Stipendiary Steward Mr J Muirhead against Mr P Ferguson, driver of SUHAILI, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly checking FASTLANE, driven by Mr A Grayling, causing it to break for several strides racing into the first bend.  Mr Ferguson admitted the breach and was present at the hearing.

--

Mr Muirhead demonstrated the incident by use of the video film.  FASTLANE drew one behind the barrier and SUHAILI number two.  Racing into the first bend Mr Ferguson moved his horse inwards when insufficiently clear of FASTLANE causing that horse to break for a few strides before it regained its gait and its position.

--

Mr Ferguson said that he believed Mr Grayling could have given him room but he had admitted the breach because he was guilty.

--

PENALTY :

--

Mr Muirhead said that Mr Ferguson had been frank about the matter, the track conditions should be taken into account and he accepted what Mr Ferguson said about Mr Grayling giving him some room.  He believed the offending was in the lower end of the scale.  He referred to the recommended starting point of a fine of $400.00 but recommended a fine of $300.00.  Mr Ferguson said he believed the offending was at the bottom of the scale.  Mr Muirhead agreed that I should take into account the large number of drives Mr Ferguson has.  He said Mr Ferguson had a breach for careless driving but it was five months ago.  In fixing penalty I take into account the following matters :

--

1.         The guilty plea.

--

2.         The submissions of Mr Muirhead.

--

3.         the submissions of Mr Ferguson.

--

4.         The offending was at the lower end of the scale taking into account the mitigating circumstances.

--

5.         The recommended starting point.

--

6.         The previous breach for careless driving – however, this was five months ago and Mr Ferguson has had a considerable number of drives in the meantime.

--

Balancing all of those matters I impose a fine of $300.00.

--

 

--

B Rowe

Chairman

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hearing_type: Old Hearing


Rules: 869.3.b


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meetdate: 27/06/2008


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