Waikato BOP H 14 April 2023 – R1 – Dylan Ferguson

ID: RIB18677

Respondent(s):
Dylan Ferguson - Driver

Applicant:
Mr Nigel McIntrye - Chief Stipendiary Steward

Adjudicators:
Hon J W Gendall KC (Chair), Ms G Himona

Persons Present:
Mr McIntyre, Mr D Ferguson, Mr G Davey - RIB (Observing)

Information Number:
A16190

Decision Type:
Race Related Charge

Charge:
Careless Driving - contacted another's sulky wheel which punctured

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
ROSIE

Code:
Harness

Race Date:
14/04/2023

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R1

Hearing Date:
14/04/2023

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Dylan Ferguson is fined $250

Evidence:

Following the running of Race 1, “The Watchu Security Dash Fillies and Mares Handicap Trot”, Mr McIntyre presented an Information charging Mr D Ferguson, the Driver of “ROSIE”, with careless driving, a breach of Rule 869(3)(b).

It was alleged that Mr Ferguson allowed his horse to come into contact with the sulky wheel of “BELLATRIX”, being driven by Ms A Matthews, causing it to puncture.

Mr Ferguson admitted the breach.

Mr McIntyre identified the incident from the race film.  When approaching the 1600 metre point, Mr Ferguson’s horse “ROSIE” was behind “BELLATRIX” and as he angled it outwards in order to move forward to be in a “pushed position” near the leader, he allowed “ROSIE” to strike the outside front wheel of the sulky of “BELLATRIX”, causing the tyre to puncture and effectively diminished the chances of that horse.  The actions of Mr Ferguson comprised an error of judgment and acknowledged as careless.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr McIntyre advised that Mr Ferguson had a clear record of any careless driving breaches and had had 60 drives this season and 173 during the 2021-2022 season.

Mr Ferguson did not make any submissions as to penalty.

Reasons for Penalty:

From a recommended starting point of a fine of $300 for a first offence of a Driver causing his horse to hit the sulky wheel of another, the Adjudicative Committee applies a discount for Mr Ferguson’s excellent record, and imposes a fine of $250.

Conclusion:

Mr Ferguson is fined $250.

Decision Date: 14/04/2023

Publish Date: 17/04/2023