Waikato BOP H 24 December 2022 – R9 – Dylan Ferguson
ID: RIB14109
Animal Name:
BAD MEDICINE
Code:
Harness
Race Date:
24/12/2022
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R9
Hearing Date:
24/12/2022
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Driver, Dylan Ferguson suspended for 3 days
Summary of Facts:
Following the running of Race 9, the Respondent, Driver Dylan Ferguson, denied a breach of Rule 869(2) in that he used his whip with more than a wrist flicking motion when driving BAD MEDICINE in the run home.
The Respondent endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.
Rule 869 provides that:
(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.
- Use of Whip Regulation provides.
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.
Stipendiary Steward, Mr Dooley used available video footage to demonstrate the alleged breach. He showed, using available video replays, Mr Ferguson use his whip in more than a flicking motion on 4 occasions over the final stages.
Mr Ferguson stated that he did not believe his action breached the Rules and that his arm was not raised beyond 45 degrees relative to the racing surface.
Decision:
This Committee was satisfied, after viewing the relevant video replays of the alleged incident, that Mr Ferguson had used the whip in more than a flicking motion on 4 occasions over the concluding stages of the race. The charge was therefore found proved.
Submission For Penalty:
Mr Dooley produced the Respondent’s record which indicated a breach on 25 August 2022 where Mr Ferguson received a $200 fine for a first offence.
Mr Dooley stated that as this was Mr Ferguson’s second offence a 3-day suspension be considered as penalty.
If a suspension is proposed Mr Ferguson requested a deferment until after racing at Cambridge on 29 December 2022.
Reasons For Penalty:
The Penalty Guide provides a 3 to 5 day starting point for a second offence under this Rule.
After consideration of the evidence from all parties concerned and viewing the Race films over the concluding stages of the Race, the Adjudicative Committee assessed the breach as low level.
Having considered all factors, the Adjudicative Committee determined that a 3 day suspension was an appropriate penalty.
Mr Ferguson’s application for a deferment until after racing on 29 December is granted.
Conclusion:
Mr Ferguson is suspended from the conclusion of racing 29 December 2022 up to and including 4 January 2023. Meetings encompassed in this suspension are Auckland 31 December 2022, Wairarapa 2 January 2023 and Kapiti Coast 4 January 2023.
Decision Date: 24/12/2022
Publish Date: 13/01/2023