Waikato BOP H 7 March 2024 – R3 – Dylan Ferguson
ID: RIB39906
Animal Name:
BIGGER THE BETTOR
Code:
Harness
Race Date:
07/03/2024
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R3
Hearing Date:
07/03/2024
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Driver Dylan Ferguson is suspended for 3 days
Summary of Facts:
Following the running of Race 3, the Respondent Dylan Ferguson, admitted a breach of Rule 869(3)(b); namely that he drove carelessly when shifting outward approaching 100 metres, checking GWENDOLINE MARY which broke, with resulted interference to MICKY WADE and LINCOLN COVE.
The Respondent endorsed the Information and confirmed he understood the Rule and the nature of the charge.
Rule 869(3)(b) provides:
No Driver in any race shall drive carelessly.
Using available video footage, Stipendiary Steward Steve Mulcay identified the horses involved in the incident namely, BIGGER THE BETTOR, driven by Dylan Ferguson and GWENDOLINE MARY, driven by Todd Mitchell. He said that Dylan Ferguson, at the 100m, turned his horse’s head outwards, shifting ground abruptly and making contact with GWENDOLINE MARY, which galloped. Also interfered with were MICKY WADE and LINCOLN COVE.
In explanation, the Respondent stated he had no comment and nothing further to add.
Decision:
The charge is admitted by the Respondent and is therefore deemed proved.
Submissions for Penalty:
Stipendiary Steward Mr Steve Mulcay produced the Respondent’s record which indicated no breaches of careless driving within the reset period.
Mr Steve Mulcay added that Stewards assessed the breach as high range and therefore a suspension of three days would be an appropriate penalty. They did not seek any uplift and saw no reason to deviate from the Guidelines.
The Respondent submitted he had no committed drives and was ready to start straight away.
Reasons for Penalty:
The Penalty Guide provides a penalty starting point of:
- 3 days suspension where the breach causes interference which results in own or another horse losing all chance
After considering the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner(s), the Adjudicative Committee assessed the breach as high and adopted a three-day suspension as the starting point.
After evaluating all the factors, the Adjudicative Committee determined a three-day suspension to be an appropriate penalty in the circumstances of this case.
Conclusion:
The Respondent’s Licence is suspended for 3 days, commencing after racing on 8 March 2024, and concluding after racing on 15 March 2024.
Decision Date: 07/03/2024
Publish Date: 11/03/2024