NZ Metro TC 16 May 2025 – R7 – Craig Ferguson

BACKGROUND:

Following the running of Race 7, Ricoh – “Bionic Chance” Bracelet (Mobile Start) (Group 2), Open Driver, Craig Ferguson, admitted a breach of the Whip Rules in that, as the Driver of IDEAL CROWN in the race, he “used his whip with more than a wrist flicking motion in the run home”.

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, Nigel McIntyre, showed a video replay of the final 200-300 metres of the race. He pointed out IDEAL CROWN, driven by Mr Ferguson, racing in the trail behind the leader, MIKI’S DEAL, as the field turned into the final straight.

Mr McIntyre pointed out on the video replay that Mr Ferguson, after taking the passing lane, used his whip in more than a wrist only flicking motion on three occasions prior to the 100 metres, he alleged, prior to returning to a compliant style in the closing stages.

The Adjudicative Committee noted that IDEAL CROWN finished in 3rd placing in the seven-horse field, 1¾ lengths from the winner.

Mr Ferguson accepted Mr McIntyre’s assessment and did not wish to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Ferguson has had 154 drives in the current season. He has a clear record. Stewards saw the breach as being low-level, he said.

Mr McIntyre then referred to the Penalty Guide starting points for a low-level, first breach in a Group 2 Race – a 5-days suspension. Given that Stewards assessed the breach as being low-level, he submitted that a 4-days suspension would be an appropriate penalty.

Mr Ferguson requested that any term of suspension commence after the meeting of NZ Metropolitan TC on 23 May 2025.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty in a Group 2 Race for a low-level, first breach of a 5-days suspension. A “low-level breach” is defined as “when the Driver inadvertently uses the old whipping style before returning to the compliant style”.  The Adjudicative Committee clearly sees this particular breach as being low-level within that definition.

The breach being low-level, an appropriate starting point is 4-days. There are no relevant aggravating or mitigating factors to be considered.

CONCLUSION:

Mr Ferguson’s request for a deferment is granted.

Open Driver, Craig Ferguson, is suspended from after the close of racing on 23 May 2025, up to and including 2 June 2025 – 4 days.