Wairarapa HRC 14 April 2016 – R 7 – Chair, Mr N McCutcheon
ID: JCA13490
Meet Title:
Wairarapa HRC - 14 April 2016
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TCastles
Race Date:
2016/04/14
Race Number:
R 7
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr Ferguson was fined $250.
Facts:
Subsequent to the running of Race 7, (Wairarapa Trading Company Mobile Pace), Information A3783 was filed with the Judicial Committee. It was alleged that Mr Ferguson, the driver of BRAINSTORMER, had driven carelessly causing interference to TIGHT LIPPED (A Poutama) with 500m to run.
Rule 869(3)(b) provides:
No horseman in any race shall drive carelessly.
The Rule was read and Mr Ferguson acknowledged that he understood the Rule, the charge and confirmed that he admitted the breach.
Mr Muirhead showed the films and said that towards the end of the back straight Mr Ferguson and his drive were racing 4-back on the markers. He said that he then improved up into the gap left vacated by WYNBERG COURAGE when that horse shifted out. He said the Mr Ferguson then shifted out and clipped BRAINSTORMER’s near-side leg and as a consequence that horse broke its gait and galloped. Mr Muirhead concluded by saying that the incident was minor on the part of Mr Ferguson, as he was unfortunate in that he had almost cleared TIGHT LIPPED when he shifted.
Mr Ferguson Senior said that he agreed with Mr Muirhead’s interpretation of the incident and added that if Mr D Ferguson had moved two strides earlier that the incident in question would not have happened. He said that it had been a split-second decision and that it was a minor breach by Mr Ferguson.
Submissions for Penalty:
Mr Muirhead invited the committee to take into account the admission of the breach and that Mr Ferguson was frank when questioned by the R.I.U. The records show that Mr Ferguson had a clear record during the last 12 months. Mr Muirhead said that due to the minor nature of the incident and other relative matters that the committee adopt a starting point of $300.
Mr Ferguson Senior said that due to the low degree of carelessness and that Mr Ferguson is a Junior Driver with a clear record, submitted that a fine of $200 would be in order.
Reasons for Penalty:
The committee deemed the carelessness to be at the very low end of the scale and taking into account the admission of the breach and Mr Ferguson’s very good record, that a fine significantly less than the starting point of $500 would be an appropriate penalty.
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: 3d3860c9a7bc30755fa7ff4ff160ddfa
informantnumber: A3783
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/04/2016
hearing_title: Wairarapa HRC 14 April 2016 - R 7 - Chair, Mr N McCutcheon
charge:
facts:
Subsequent to the running of Race 7, (Wairarapa Trading Company Mobile Pace), Information A3783 was filed with the Judicial Committee. It was alleged that Mr Ferguson, the driver of BRAINSTORMER, had driven carelessly causing interference to TIGHT LIPPED (A Poutama) with 500m to run.
Rule 869(3)(b) provides:
No horseman in any race shall drive carelessly.
The Rule was read and Mr Ferguson acknowledged that he understood the Rule, the charge and confirmed that he admitted the breach.
Mr Muirhead showed the films and said that towards the end of the back straight Mr Ferguson and his drive were racing 4-back on the markers. He said that he then improved up into the gap left vacated by WYNBERG COURAGE when that horse shifted out. He said the Mr Ferguson then shifted out and clipped BRAINSTORMER’s near-side leg and as a consequence that horse broke its gait and galloped. Mr Muirhead concluded by saying that the incident was minor on the part of Mr Ferguson, as he was unfortunate in that he had almost cleared TIGHT LIPPED when he shifted.
Mr Ferguson Senior said that he agreed with Mr Muirhead’s interpretation of the incident and added that if Mr D Ferguson had moved two strides earlier that the incident in question would not have happened. He said that it had been a split-second decision and that it was a minor breach by Mr Ferguson.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
Mr Muirhead invited the committee to take into account the admission of the breach and that Mr Ferguson was frank when questioned by the R.I.U. The records show that Mr Ferguson had a clear record during the last 12 months. Mr Muirhead said that due to the minor nature of the incident and other relative matters that the committee adopt a starting point of $300.
Mr Ferguson Senior said that due to the low degree of carelessness and that Mr Ferguson is a Junior Driver with a clear record, submitted that a fine of $200 would be in order.
reasonsforpenalty:
The committee deemed the carelessness to be at the very low end of the scale and taking into account the admission of the breach and Mr Ferguson’s very good record, that a fine significantly less than the starting point of $500 would be an appropriate penalty.
penalty:
Mr Ferguson was fined $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D Ferguson - Junior Horseman
Otherperson: Mr P Ferguson - Licensed Horseman assisting Mr D Ferguson
PersonPresent:
Respondent:
StipendSteward:
raceid: f605db305fe32bf3b2f60fb42e14a0ef
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: 8420ee5af09b6b2e6aca2d6743fa0a93
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/04/2016
meet_title: Wairarapa HRC - 14 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: TCastles
meet_pm2: none
name: Wairarapa HRC