Waikato BOP H 27 April 2023 – R3 – Dylan Ferguson
ID: RIB19323
Animal Name:
HAMPTON
Code:
Harness
Race Date:
27/04/2023
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R3
Hearing Date:
27/04/2023
Hearing Location:
Cambridge
Outcome: Proved
Penalty: Driver Dylan Ferguson is suspended for 3 days
Mr Mulcay alleged that in Race 3, Mr Ferguson (HAMPTON) used his whip with more than a wrist flicking motion in the run home.
Mr Mulcay demonstrated the incident on the videos. Early in the home straight Mr Ferguson, who was racing on the leader’s back, took a run to its inside. He used his whip on at least 3 occasions with more than a wrist flicking motion. Mr Mulcay noted that Mr Ferguson did correct himself.
Mr Ferguson said it was a tight finish and he had used his whip “a bit too much”.
Decision
As Mr Ferguson has admitted the breach, it is found to be proved.
Submissions as to Penalty
Mr Mulcay produced the Respondent’s record which showed one breach in the last 6 months. This was on 24 December when the penalty was a 3-day suspension. Mr Mulcay submitted the breach was low end and a penalty in accordance with the Penalty Guide was appropriate.
Mr Ferguson said it was a busy time for him as he sometimes had 6 or 7 drives at a meeting and a lengthy suspension would be costly. He asked that any suspension be deferred until after racing on 4 May.
Reasons for Penalty
The breach is low end. Mr Ferguson has, on a number of occasions in the home straight, used his whip in breach of the Whip Rule and the Whip and Rein Regulations. The Penalty Guide provides for a 3-day suspension for a second such breach within the past 6 months.
A penalty at the starting point in the Penalty Guide is appropriate.
Conclusion
Mr Ferguson is suspended from the end of racing on 4 May, up to and including 19 May 2023.
Decision Date: 27/04/2023
Publish Date: 02/05/2023