Waikato BOP H 24 December 2022 – R 1 – Peter Ferguson

Summary of Facts:

Following the running of Race 1 the Respondent, Peter Ferguson denied a breach of Whip Rule 869(2).

The particulars of the charge are that when driving ROSSELLINI, he used the whip free of the rein on one occasion near the 150m.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Stipendiary Steward, Adrian Dooley used available video footage to demonstrate the alleged breach. Mr Dooley pointed out Mr Ferguson draw his whip and use it free of the rein on one occasion near the 150m.

In response, the Respondent advised the Adjudicative Committee that he was not admitting the charge because he drove the horse in a professional manner and did not agree with the Rule.

Decision:

The Adjudicative Committee was satisfied that near the 150m Mr Ferguson used his whip free of the rein on one occasion. The video replays were conclusive that Mr Ferguson was in breach of the Rule.

Accordingly, the charge is found proved.

Submission For Penalty:

Mr Dooley stated that Mr Ferguson was warned regarding use of his whip free of the rein at a prior meeting on 13 October 2022. He stated that this breach was low level and with the Penalty Guide providing a $200 to $400 fine for a first breach. He submitted that a $200 fine be considered as penalty.

The Respondent submitted that a suspension be considered as penalty as he did not want a fine.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the Race films of the concluding stages of the Race the Adjudicative Committee agreed with the Stewards and assessed the breach as low level.

A low-level penalty range is $200-$400 (first offence).

In terms of penalty the Respondent submitted that a suspension be considered. This submission was rejected by the Adjudicative Committee.

Having considered all factors, the Adjudicative Committee deemed a fine was an appropriate penalty in this case.

With consideration that this was Mr Ferguson’s first offence and that the breach was low level it was determined that a $200 fine was appropriate in this case.

Conclusion:

The Respondent is fined $200.