Auckland TC 27 May 2022 – R6 – Peter Ferguson

ID: RIB9219

Peter Ferguson - Driver

Mr N McIntyre, General Manager (Stewards)

Mr G R Jones and Mr B Scott

Persons Present:
Mr S Mulcay, Senior Stipendiary Steward, Mr Ferguson

Information Number:

Decision Type:
Race Related Charge

Whip use

869(2) - Contravention whip rule


Animal Name:


Race Date:

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:

Hearing Date:

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Driver Peter Ferguson fined $250

Summary of Facts:

Following the running of Race 6, the Respondent Open Horseman, Mr Peter Ferguson admitted a breach of the Whip and Rein Regulations, Rule 869 (2).  The particulars of the charge are that “he used his whip with more than a wrist flicking motion late in the run home”.

Rule 869 provides that:

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

Senior Stipendiary Steward, Mr Mulcay used available video footage to demonstrate the breach.   He said that GAZ MAN driven by Mr Ferguson was in front inside the final 200 metres and was challenged for the lead by CALL ME TROUBLE.  He said that over the concluding 40 metres Mr Ferguson used his whip in more than a flicking motion.

In response, Mr Ferguson advised the Adjudicative Committee that he had nothing further to add.


The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay advised that Mr Ferguson has a clear record under the Rule.  He said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a $200 fine.

The Respondent offered no submissions regarding penalty.

Reasons For Penalty:

After consideration of the evidence, including the Race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

The Low-level Penalty range is $200-$400 for a first offence.

Given that the breach was assessed low level and considering Mr Ferguson’s good record a $200 fine was adopted as the starting point.  The Adjudicative Committee noted that the GAZ MAN won the race by a half head. On that basis a $50 uplift was applied to the starting point.

Having considered all factors, the Adjudicative Committee deemed a $250 fine to be an appropriate penalty.


The Respondent, Mr Ferguson is fined $250.

Decision Date: 27/05/2022

Publish Date: 28/05/2022