Methven TC 5 October 2025 – R10 – Craig Russell Ferguson

Following the running of Race 10, Alabar Methven Cup Handicap Pace (Group 3), Open Driver, Craig Ferguson, admitted a breach of the Whip Rules in that, as the Driver of WAG STAR in the race, he “used his whip with more than a wrist flicking motion in the home straight”.

Rule 869 provides:

(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.

The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Chief Stipendiary Steward, Mr McIntyre, showed a video replay of the final 200 metres of the race. He pointed out WAG STAR, driven by Mr Ferguson, being drawn out from the one-one position as the field turned into the final straight, and challenge 4-wide, centre-track, for the lead. He then showed Mr Ferguson activate gear near the 100 metres and strike the horse once with more than a wrist only flicking motion. As he did so, the horse ducked in onto AMERICAN ME and was immediately straightened by Mr Ferguson. Four strikes, possibly five, involving more than a wrist only flicking motion followed, before Mr Ferguson reverted to a compliant style, Mr McIntyre alleged.

Mr Ferguson said that, when he came out, the horse had put his head in front and he thought the horse was going to win easily. The horse then “switched off” and that was when it started to duck in, he said. He added that he had then overreacted.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Ferguson has had 364 drives this season and has a clear record under the Whip Rules over the last 2 months. He then referred to the Penalty Guide starting point for a first breach in a Group 3 or Listed Race – a 3-days suspension. Stewards were submitting that was an appropriate penalty in this case, Mr McIntyre said.

Mr McIntyre added that the Penalty Guide provides, in addition to a term of suspension, for a fine equal to 25% of the Driver’s share of the stake ($310.00), 25% being $77.50. Given the amount, the fine could be waived in this case, Mr McIntyre submitted.

Mr Ferguson sought a deferment of any suspension until after the meeting of NZ Metropolitan TC on 10 October 2025. Drivers for the Addington meeting on 8 October had been notified, Mr McIntyre said.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first breach in a Group 3 or Listed Race, of a 3-days suspension.

The Adjudicative Committee assessed the breach as being mid-level, and found that there were no relevant aggravating or mitigating factors. It was noted that WAG STAR finished 2nd in the race, the losing margin being a neck.

Stewards were not seeking the fine of $77.50, and the Adjudicative Committee makes no order for payment of any fine.

Mr Ferguson has sought a deferment of any suspension until after racing at Addington on 10 October 2025.

CONCLUSION:

Mr Ferguson’s application for a deferment is granted. His Open Driver’s Licence is suspended from after the close of racing on 10 October 2025, up to and including 16 October 2025 – 3 days.