Archive Decision

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Wyndham HRC 6 November 2011 – R 10

ID: JCA17055

Applicant:
Mr S P Renault - Stipendiary Steward

Respondent(s):
Mr C Ferguson - Driver of LANZ

Other Person:
Mr B McLellan - Senior Horseman supporting Mr Ferguson

Information Number:
A5061

Hearing Type:
Hearing

Rules:
857(7)(g)

Plea:
denied

Meet Title:
Wyndham HRC - 6 November 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/11/06

Race Number:
Race 10

Decision:

The Committee found that the charge is proved.

Penalty:

The Committee accordingly impose a fine of $200.00 on Mr Ferguson.

Charge:

An information was lodged by Stipendiary Steward Mr S P Renault following the running of Race 10 alleging that Mr C Ferguson, a Junior Driver driving the horse Lanz had failed to come up into its barrier position. 

Facts:

Stipendiary Steward Mr Renault used several video clips of the alleged incident to demonstrate to the Committee the starting position of Lanz prior to the start. 

Mr Renault stated that Mr Ferguson eased his horse some one and half lengths off the mobile gate and did not maintain his position at number seven. 

Mr Ferguson stated that his horse Lanz had galloped at his previous start in a mobile race. He said that he did not want to hunt his horse up for fear of it breaking again.

Mr Ferguson asked if that was not a reasonable action. 

Mr McLellan in supporting Mr Ferguson said that surely a common sense factor should be considered. 

Mr Ferguson

Submissions for Decision:

The Committee took into account Mr Renault's comments and also the conclusive video evidence.

Reasons for Decision:

The Committee was satisfied that a clear breach of the rule had occurred. Mr Ferguson had failed to maintain his position behind the mobile.

Submissions for Penalty:

Mr Renault stated that Mr Ferguson was in his third season of driving having had one hundred and five starts in season one ninety one starts last season and eight starts this season. 

Mr McLellan suggested that an official warning would suffice as Mr Ferguson was a Junior Driver.

Reasons for Penalty:

In deciding the penalty the Committee takes into account the following:

1. That Mr Ferguson was a Junior Driver.

2. That it was his first breach under this rule.

3.That his motivation rightly or wrongly was to give his horse the best opportunity in the race.

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: c7523ff52d599124bac11240f873694b


informantnumber: A5061


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 04/11/2011


hearing_title: Wyndham HRC 6 November 2011 - R 10


charge:

An information was lodged by Stipendiary Steward Mr S P Renault following the running of Race 10 alleging that Mr C Ferguson, a Junior Driver driving the horse Lanz had failed to come up into its barrier position. 


facts:

Stipendiary Steward Mr Renault used several video clips of the alleged incident to demonstrate to the Committee the starting position of Lanz prior to the start. 

Mr Renault stated that Mr Ferguson eased his horse some one and half lengths off the mobile gate and did not maintain his position at number seven. 

Mr Ferguson stated that his horse Lanz had galloped at his previous start in a mobile race. He said that he did not want to hunt his horse up for fear of it breaking again.

Mr Ferguson asked if that was not a reasonable action. 

Mr McLellan in supporting Mr Ferguson said that surely a common sense factor should be considered. 

Mr Ferguson


appealdecision:


isappeal:


submissionsfordecision:

The Committee took into account Mr Renault's comments and also the conclusive video evidence.


reasonsfordecision:

The Committee was satisfied that a clear breach of the rule had occurred. Mr Ferguson had failed to maintain his position behind the mobile.


Decision:

The Committee found that the charge is proved.


sumissionsforpenalty:

Mr Renault stated that Mr Ferguson was in his third season of driving having had one hundred and five starts in season one ninety one starts last season and eight starts this season. 

Mr McLellan suggested that an official warning would suffice as Mr Ferguson was a Junior Driver.


reasonsforpenalty:

In deciding the penalty the Committee takes into account the following:

1. That Mr Ferguson was a Junior Driver.

2. That it was his first breach under this rule.

3.That his motivation rightly or wrongly was to give his horse the best opportunity in the race.


penalty:

The Committee accordingly impose a fine of $200.00 on Mr Ferguson.


hearing_type: Hearing


Rules: 857(7)(g)


Informant: Mr S P Renault - Stipendiary Steward


JockeysandTrainer: Mr C Ferguson - Driver of LANZ


Otherperson: Mr B McLellan - Senior Horseman supporting Mr Ferguson


PersonPresent:


Respondent:


StipendSteward:


raceid: f5228fef5dc7d26b4689378a5bf20d02


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 71cded058940e71b32ce78c068ece41a


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/11/2011


meet_title: Wyndham HRC - 6 November 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Wyndham HRC