Auckland TC 28 April 2023 – R9 – Dylan Ferguson

Summary of Facts:

Following the running of Race 9, the Respondent D Ferguson admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he drove his horse with more than a wrist flicking motion in the run home.

Mr Ferguson acknowledged that he admitted the breach.

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.

Mr Ferguson requested that he not be present at the hearing as he wanted to get his horses home, however the Adjudicative Committee declined his request on this occasion.

Chief Stipendiary Steward N McIntyre used available video footage to demonstrate the breach.  He identified that Mr Ferguson was travelling 3 back on the fence into the final straight, when he commenced to use his whip. Mr McIntyre said that the Stewards had concern with 7-8 strikes of Mr Ferguson’s, that were more than a wrist flicking motion and generated force.

Mr Ferguson declined to comment when provided the opportunity to do so.

Decision:

The charge is admitted and therefore deemed proved.

Submission For Penalty:

Mr McIntyre, Chief Stipendiary Steward, produced the Respondent’s record which indicated 3 previous breaches under this Rule, with 2 having occurred the previous night at Cambridge. He said that the last suspension was a 4 day suspension and that the Stewards will be seeking a suspension of 5-6 days.

Mr Ferguson offered nothing in relation to penalty submissions when provided the opportunity to do so.

Mr Hall asked Mr Ferguson if he had a Senior Driver who may be able to assist him with his whip action, given his recent record. Mr Ferguson said that “he could arrange this”.

No deferment was sought as Mr Ferguson had 2 suspensions pending, with the 2nd ending the 15th of June.

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 assessed the breach as a mid-level breach, in that Mr Ferguson used his whip outside of the Guidelines for more than 50m.

The starting point for a medium level 2nd breach of the Whip & Rein Regulations is 4 days.

This was Mr Ferguson’s 4th breach, with 3 of these breaches occurring in the previous 7 drives, this level of offending is concerning.

Having regard for the nature of the breach and Mr Ferguson’s poor recent record, the Adjudicative Committee determined that a 2 day uplift from the starting point would be applied.

Having considered all factors, the Adjudicative Committee deemed a 6 day suspension to be an appropriate penalty.

Conclusion:

Mr Ferguson is suspended for a period of 6 days commencing after racing on the 15th of June, and concluding after racing on the 28th of July.

The dates of suspension include;

22/6/23  Waikato

29/6/23 Auckland

6/7/23   Waikato

14/7/23 Auckland

20/7/23 Waikato

28/7/23 Auckland