Auckland TC 3 March 2023 – R8 – Peter Ferguson

Summary of Facts:

Following the running of Race 8, the Respondent Senior Driver Mr P Ferguson, admitted a breach of Rule 869 (3)(b); namely that his drive (DAISY DUKE) shifted outwards contacting the hind leg of ADVANCE PARTY who was checked and broke near the 100 metres.

The Respondent endorsed the Information ‘I do admit the breach of the rule’.

Rule 869 (3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward Mr Mulcay identified the horses involved in the incident namely, DAISY DUKE driven by Mr Ferguson and ADVANCE PARTY driven by Mr Z Butcher.   He said that approaching the 100 metres in the final straight, DAISY DUKE was racing three back near the marker line and ADVANCE PARTY was weakening after being outside the leader.  At that point, DAISY DUKE shifted out abruptly and made contact with ADVANCE PARTY’S leg. As a result, ADVANCE PARTY broke and lost ground.

Mr Mulcay said that Mr Ferguson did take corrective action, but it was too late to avoid contact with ADVANCE PARTY.

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

Decision:

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

Submission for Penalty:

Mr Mulcay submitted that Mr Ferguson has a clear record under the Rule.  He said that he is a particularly busy Driver having had 80 drives so far this (current) season and 292 drives during the previous season.

In mitigation, Mr Mulcay said that Mr Ferguson was “caught out” by the fact that ADVANCE PARTY was weakening so quickly after sitting outside the leader.  He added that Stewards assessed Mr Ferguson’s carelessness to be in the low to mid-range, but the consequences to ADVANCE PARTY should also be considered.

He referred to the Penalty Guide with provides for a 3-day suspension for a breach of this nature.

The Respondent submitted that under the circumstances, a fine would be a more appropriate penalty.  He indicated that if a suspension were to be imposed, he would seek a deferment.

Reasons for Penalty:

The Penalty Guide provides for a 3-day suspension.  It notes that all starting point penalties assume severity of the breach is mid-range.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as mid-range and adopted a 3-day suspension as the starting point.

The Respondent was given credit for his good record and admission of the breach, resulting in a 1-day reduction from the starting point. Therefore, after evaluating all the factors, the Adjudicative Committee determined a 2-day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent, Mr Ferguson, was granted a 7-day deferment and his license to drive in races suspended commencing after racing on 10 March 2023, up to and including after racing on 16 March 2023.  The effect of the suspension is that he will not be able to take drives at the forthcoming two-day meeting at Manawatu.