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13 Jun 2020
Invercargill-Hrc - R2

Invercargill HRC 13 June 2020 - R 2 - Chair, Mr P Knowles

Created on 16 June 2020

Committee:
PKnowles (chair)
NSkelt
Name(s):
Mr C Ferguson - Open Horseman
Informant
Mr V Munro - Stipendiary Steward
Miss R Haley - Stipendiary Steward
Information Number
A12725
Plea:
Admitted
Charge:
Contravention of the Use of the Whip Regulations
Evidence:

Mr Ferguson (HANS IDEAL) was charged with a breach of r 869 (2) and the Whip Regulations in that he used his whip excessively in Race 2. Mr Ferguson admitted the breach and appeared at the hearing.

Miss Haley, with the use of the video, pointed out the position of HANS IDEAL prior to the home turn. Mr Ferguson was seen to shift HANS IDEAL off the pole line and improve outside the leaders. Mr Munro stated that Mr Ferguson used his whip twice prior to the home turn and then another 12 times in the home straight. He said although Mr Ferguson had broken up his whip use, 14 times was excessive.

Mr Ferguson stated HANS IDEAL had been trying to win a race for some time. He said the mare was running on strongly and he had miscounted his whip use.

Decision:

Mr Ferguson admitted the breach and it is found proved.

Submission For Penalty:

Mr Munro stated Mr Ferguson had 264 drives last season and 206 this season. He had a previous breach of the rule on March 1st where he was fined $200. This was Mr Ferguson’s second breach and in the mid-range level of the JCA Penalty Guide. He sought a suspension of four days.

Mr Ferguson stated that he usually had five to six drives per meeting, but was currently down to two or three and was finding it difficult building up his drive numbers due to the limited opportunities. He would prefer a fine as opposed to a suspension.

Reasons For Penalty:

This is Mr Ferguson’s second breach of the rule since March 1st this year. While the JCA Penalty Guide recommends a suspension for a second breach, the committee has a discretion when considering a penalty. In this instance, given that Mr Ferguson’s ability to earn an income has been affected by circumstances beyond his control (Covid-19 Pandemic), a suspension would be an excessive penalty. However, Mr Ferguson did breach the rule and a fine at the lower end of the scale is appropriate.

Penalty:

Mr Ferguson is fined $200.

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