Waikato BOP H 24 January 2019 – R 7 – Chair, Mr A Godsalve
ID: JCA11920
Meet Title:
Harness Racing Waikato - 24 January 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2019/01/24
Race Number:
R 7
Decision:
As Mr Ferguson has admitted the breach we find the charge proved.
Penalty:
Accordingly the Committee imposed a fine of $200 on Mr Ferguson.
Facts:
This charge followed the running of Race 7, the Travel With Terry Tours Mobile Pace 2200m. Mr Mulcay alleged that Open Horseman Mr P Ferguson 'used his whip on more occasions than permitted in breach of the Use of the Whip Regulations inside the final 400 metres'.
Mr Ferguson endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to be present at the hearing.
Rule 869(2) provides 'No horseman shall during an race use his whip in an unnecessary, excessive or improper manner'.
The Regulations state: No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky.'
Mr Mulcay identified the horse BUGALUGS, driven by Mr Ferguson, as the field passed the 400 metres mark. From that point until the finish Mr Ferguson struck the horse with his whip on 12 occasions. BUGALUGS finished 3rd in the race.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a fine of $200 where (a) the Respondent does not have prior breaches within the preceding 6 months, and (b) the number of strikes is between 11-13.
Reasons for Penalty:
The Committee confirmed the provisions of the JCA Penalty Guide in circumstances as outlined by Mr Mulcay. We found no reason to deviate from the Guidelines in this instance.
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: 29019cb1c5e62976dcd099e74376796c
informantnumber: A10585
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 27/01/2019
hearing_title: Waikato BOP H 24 January 2019 - R 7 - Chair, Mr A Godsalve
charge:
facts:
This charge followed the running of Race 7, the Travel With Terry Tours Mobile Pace 2200m. Mr Mulcay alleged that Open Horseman Mr P Ferguson 'used his whip on more occasions than permitted in breach of the Use of the Whip Regulations inside the final 400 metres'.
Mr Ferguson endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to be present at the hearing.
Rule 869(2) provides 'No horseman shall during an race use his whip in an unnecessary, excessive or improper manner'.
The Regulations state: No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky.'
Mr Mulcay identified the horse BUGALUGS, driven by Mr Ferguson, as the field passed the 400 metres mark. From that point until the finish Mr Ferguson struck the horse with his whip on 12 occasions. BUGALUGS finished 3rd in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ferguson has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a fine of $200 where (a) the Respondent does not have prior breaches within the preceding 6 months, and (b) the number of strikes is between 11-13.
reasonsforpenalty:
The Committee confirmed the provisions of the JCA Penalty Guide in circumstances as outlined by Mr Mulcay. We found no reason to deviate from the Guidelines in this instance.
penalty:
Accordingly the Committee imposed a fine of $200 on Mr Ferguson.
hearing_type: Hearing
Rules: Rule 869(2), Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr P Ferguson - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fd4023d081a667d0aa81ea600f7e5513
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3772232032504cca622c4eaa94584aeb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2019
meet_title: Harness Racing Waikato - 24 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato