Waikato BOP H 27 April 2023 – R6 (heard 28 April 2023 at Alexandra Park) – Dylan Ferguson
ID: RIB19386
Animal Name:
AHWEL
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:
R6
Hearing Date:
28/04/2023
Hearing Location:
Auckland
Outcome: Proved
Penalty: Driver Dylan Ferguson is suspended for 4 days
Mr Mulcay alleged that in Race 6, Mr Ferguson (AHWEL) used his whip with more than a wrist flicking motion in the run home.
Mr Mulcay demonstrated the incident on the videos. In the home straight Mr Ferguson, who was racing at the front of the field, used his whip on a number of occasions with more than a wrist flicking motion. When challenged by the eventual winner, the strikes were in a rapid fire manner for quite a few strides.
Mr Ferguson stated it was a tight finish and he could hear the punters’ voices in his head.
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 this was his third whip breach in the last 6 months and his second on the night. Mr Mulcay submitted a 4-day suspension was appropriate. Mr Ferguson did not disagree with this.
Reasons for Penalty
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. These were both with more than a wrist flicking motion and in a rapid fire manner. The Penalty Guide provides for a 3-day suspension for a second such breach. This is Mr Ferguson’s third breach and his second at the meeting.
An uplift from the 3-day penalty imposed for the earlier breach is appropriate.
Conclusion
Mr Ferguson is suspended from the end of racing on 19 May up to and including 15 June 2023. This is 4 days.
Decision Date: 28/04/2023
Publish Date: 02/05/2023