Waikato BOP H 27 April 2023 – R3 – Dylan Ferguson

ID: RIB19323

Respondent(s):
Dylan Ferguson - Driver

Applicant:
Mr Steve Mulcay, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A16194

Decision Type:
Race Related Charge

Charge:
whip used with more than a wrist flicking motion in run home

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
HAMPTON

Code:
Harness

Race Date:
27/04/2023

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R3

Hearing Date:
27/04/2023

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Dylan Ferguson is suspended for 3 days

Mr Mulcay alleged that in Race 3, Mr Ferguson (HAMPTON) used his whip with more than a wrist flicking motion in the run home.

Mr Mulcay demonstrated the incident on the videos. Early in the home straight Mr Ferguson, who was racing on the leader’s back, took a run to its inside. He used his whip on at least 3 occasions with more than a wrist flicking motion. Mr Mulcay noted that Mr Ferguson did correct himself.

Mr Ferguson said it was a tight finish and he had used his whip “a bit too much”.

Decision

As Mr Ferguson has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Mulcay produced the Respondent’s record which showed one breach in the last 6 months. This was on 24 December when the penalty was a 3-day suspension. Mr Mulcay submitted the breach was low end and a penalty in accordance with the Penalty Guide was appropriate.

Mr Ferguson said it was a busy time for him as he sometimes had 6 or 7 drives at a meeting and a lengthy suspension would be costly. He asked that any suspension be deferred until after racing on 4 May.

Reasons for Penalty

The breach is low end. Mr Ferguson has, on a number of occasions in the home straight, used his whip in breach of the Whip Rule and the Whip and Rein Regulations. The Penalty Guide provides for a 3-day suspension for a second such breach within the past 6 months.

A penalty at the starting point in the Penalty Guide is appropriate.

Conclusion

Mr Ferguson is suspended from the end of racing on 4 May, up to and including 19 May 2023.

Decision Date: 27/04/2023

Publish Date: 02/05/2023