Auckland TC 2 August 2024 – R6 – Dylan Peter Ferguson

Summary of Facts:

Following the running of Race 6, the Respondent Driver Dylan Ferguson, admitted a breach of Rule 869(3)(b); namely that he drove carelessly near the 1850m when shifting inwards, placing HOORAY HENRY in restrictive room, causing this runner to be restrained and pace roughly.

The Respondent endorsed the Information ‘I do admit the breach of the rule’ and confirmed he understood the Rule and the nature of the charge.  He then sought to be excused from the hearing, as he had duties involving transporting horses from the course.  In respect of penalty, he indicated that he would prefer a suspension to a fine.  The Respondent was then excused from the hearing, after a brief discussion as to the starting point for penalty, given his record.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward S Mulcay identified the horses involved in the incident namely, TRIPLE G driven by Mr Ferguson and HOORAY HENRY driven by Ms Monika Ranger.   He said that TRIPLE G and runner ARTISAN, had burned the gate from the start and gone hard for the first 300 metres.  TRIPLE G then went into a gallop, but was settled promptly by Mr Ferguson, who then angled it down to the fence. However, in doing so, he placed HOORAY HENRY in restricted room, causing it to be restrained and pace roughly.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Senior Stipendiary Steward S Mulcay produced the Respondent’s record, which indicated a prior offence within the 6 month turnaround period – on 7 March 2024, which incurred a three race day suspension.

In mitigation, Mr Mulcay said that the Respondent freely admitted the breach.

Mr Mulcay had earlier indicated, that the Stewards classified the breach as low level, with minimal consequences. There was a starting point of a 4 day suspension. As to possible mitigation, Mr Mulcay pointed out that Mr Butcher driving ARTISAN in the lead, had buttoned off the speed, however it was Mr Ferguson’s responsibility to assess that situation and to drive accordingly. Mr Butcher was entitled to take the action that he did at that time.

The Respondent had sought a deferment to any proposed suspension.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of four days suspension. The Adjudicative Committee, having viewed the race film, took into account the low level assessment of the Stewards and Mr Ferguson’s admission of the breach. It was accepted that the level of carelessness was at a low level and the consequential effects were minimal.

After evaluating all of the factors, the Adjudicative Committee determined a 3 day suspension to be an appropriate penalty in the circumstances of this case. The suspension was to commence after racing on 6 August 2024, until after racing on 16 August 2024.

Conclusion:

The Respondent was granted the deferment sought and his Licence suspended for 3 race days, commencing after racing on 6 August 2024, up to and including 16 August 2024.