Archive Decision

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Winton HRC 7 February 2021 – R 9 – Chair, Prof G Hall

ID: JCA11530

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr C Ferguson - Driver

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A10663

Hearing Type:
Hearing

New Charge:
Breach of Whip Regulations

Rules:
869(2) Whip Regs

Plea:
admitted

Meet Title:
Winton HRC - 7 February 2021

Meet Chair:
GHall

Race Date:
2021/02/07

Race Number:
R 9

Decision:

As Mr Ferguson has admitted the breach, it is found to be proved.

Penalty:

Mr Ferguson is fined the sum of $200 as per the Penalty Guide.

Facts:

Mr Munro alleged that Mr Ferguson (R K FINN) used his whip in more than a wrist flicking motion in the home straight.

Miss Haley demonstrated on the video that Mr Ferguson, who was taking a passing lane run, used his whip with more than just a wrist action.

Mr Munro commented the whip was raised too high and, while not all of the strikes were in breach of the Rule, at least half were.

Mr Ferguson said it was his first charge under this Rule and it was simply a mistake in circumstances where he thought he had a chance to win the race. He would have to adjust to the new Rule and stay mindful.

Submissions for Penalty:

Mr Munro produced the Respondent’s record which was clear under the Whip Rule. He described Mr Ferguson as a busy Otago/Southland driver who was also driving further afield from time to time. He described the breach as low end.

Mr Ferguson did not disagree with this.

Reasons for Penalty:

The breach is low end and Mr Ferguson’s record under this Rule is excellent.

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: 2b83a11f174006dba8ac3d5fa259c727


informantnumber: A10663


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 09/02/2021


hearing_title: Winton HRC 7 February 2021 - R 9 - Chair, Prof G Hall


charge:


facts:

Mr Munro alleged that Mr Ferguson (R K FINN) used his whip in more than a wrist flicking motion in the home straight.

Miss Haley demonstrated on the video that Mr Ferguson, who was taking a passing lane run, used his whip with more than just a wrist action.

Mr Munro commented the whip was raised too high and, while not all of the strikes were in breach of the Rule, at least half were.

Mr Ferguson said it was his first charge under this Rule and it was simply a mistake in circumstances where he thought he had a chance to win the race. He would have to adjust to the new Rule and stay mindful.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Ferguson has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Munro produced the Respondent’s record which was clear under the Whip Rule. He described Mr Ferguson as a busy Otago/Southland driver who was also driving further afield from time to time. He described the breach as low end.

Mr Ferguson did not disagree with this.


reasonsforpenalty:

The breach is low end and Mr Ferguson’s record under this Rule is excellent.


penalty:

Mr Ferguson is fined the sum of $200 as per the Penalty Guide.


hearing_type: Hearing


Rules: 869(2) Whip Regs


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr C Ferguson - Driver


Otherperson: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d2e9cf2a12a1fb6f446ba66cd51e71d2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3c424a7065134d567b665ec75f6ba2b5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/02/2021


meet_title: Winton HRC - 7 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Winton HRC