Non Raceday Inquiry – Decision dated 9 June 2023 – Craig Ferguson
ID: RIB22811
Animal Name:
TENNESSEE HONEY
Code:
Harness
Race Date:
20/05/2023
Race Club:
Invercargill Harness Racing Club
Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810
Race Number:
R9
Hearing Date:
09/06/2023
Hearing Location:
Invercargill
Outcome: Proved
Penalty: Driver Craig Ferguson is fined $200
Mr Munro alleged that Mr Ferguson, the Driver of TENNESSEE HONEY in Race 9, forced a runner wider on the track near the 1600 metre mark.
Mr Munro demonstrated on the videos that shortly after the start of the race, Mr Ferguson shifted wider on the track, putting pressure on Mr McLellan (ELLZ ANGEL), who had to take a hold.
Mr Ferguson acknowledged that shortly after the mobile had pulled away, he had shifted ground outwards towards the fence. He thought he had maintained his line for a start, and had not changed his line until the last little bit. He agreed he had put too much pressure on Mr McLellan, who had had to take a hold.
Decision
As Mr Ferguson has admitted the breach, it is found to be proved.
Submissions as to Penalty
Mr Munro produced the Respondent’s record. This showed 3160 lifetime drives, 131 this season and 219 the last.  Mr Ferguson’s record was clear under this Rule. An aggravating factor was that Mr Ferguson had won the race, and may have obtained a run that he would not otherwise had got.
Mr Ferguson said the breach was at the lower end.
Reasons for Penalty
Mr Ferguson has breached the Push-Out Rule shortly after the start. In so doing, he has placed pressure on Mr McLellan, who has had to take hold. Mr Munro is correct when he says that Mr Ferguson, who won the race, may have obtained a run as a result of the push-out, that he may otherwise not have got. Mitigating factors are the admission of the breach and the Respondent’s excellent record. The Penalty Guide provides a starting point of a $200 fine; the aggravating and mitigating factors balance out.
Conclusion
Mr Ferguson is fined the sum of $200.
Decision Date: 09/06/2023
Publish Date: 12/06/2023