Waikato BOP H 3 September 2021 – R7- Dylan Ferguson

EVIDENCE:

After Race 7 Mr Mulcay presented an Information in which he alleged that Mr Dylan Ferguson, driving SHEZA ROSE ‘drove carelessly near the 1900m when tightening MURPHY’S REWARD (Mr T Mitchell) down onto SILVER LADY (Mr L Whittaker) which was checked and broke with resultant interference to the trailing runners’.

Mr Ferguson was present at the hearing and acknowledged that he understood the Rule, and that he admitted the breach.

Rule 869(3)(b) states : ‘No driver in any race shall drive carelessly’.

Using the films Mr Mulcay identified the horse SHEZA ROSE at the start. The horse started near the outside of the mobile, and when the field was released Mr Ferguson immediately drove the horse forward in an attempt to reach the lead. Entering the back straight the first time SHEZA ROSE moved inwards sharply in front of MURPHY’S REWARD which had been leading. As a result Mr Mitchell had to restrain his drive which in turn put pressure on SILVER LADY inside him. As a result SILVER LADY went off-stride and in turn caused the horse behind it (IDEAL TOMADO) to also go off-stride. Both horses quickly regained their correct gait.

Mr Ferguson acknowledged that he had moved across too quickly in an attempt to gain the lead.

REASON FOR DECISION:

As Mr Ferguson admitted the breach the charge is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay referred to the Guidelines which provide a starting point of a 10 drive suspension or a $500 fine. He said that Mr Ferguson had not breached this particular Rule for some time and had admitted the breach.

Mr Ferguson asked that he be dealt with by way of a fine due to uncertainty over race dates after the lockdowns in Auckland caused racing to be transferred. This resulted in a lack of Drivers in Cambridge as Auckland Drivers could not travel.

REASON FOR PENALTY:

The Adjudicating Committee determined that this breach was above mid-level due to several runners being impacted. The breach therefore called for a suspension of Mr Ferguson’s driving licence. Due to a lack of Drivers as stated earlier, and the ongoing lockdowns causing racing to be curtailed, the racing calendar is by no means definite.

Mr Ferguson is a busy Driver. The Committee determined that a combination of a suspension and a fine would be appropriate. A fine of $350 was imposed, this equates to 4-5 drives. A one day suspension was also imposed. Given Mr Ferguson’s driving record recently this equates to approximately 7 drives. A total of 11-12 drives, which fits the description of the incident being above mid range.

Mr Ferguson requested that he be permitted to drive at the Cambridge meeting on 9 September as he is also a Trainer and has a number of horses aimed at the meeting. This falls within the 7 day period when suspensions may be deferred.

CONCLUSIONS:

Mr Ferguson is suspended from driving in races from after racing on 9 September until after racing on 16th September (the programmed meeting at Auckland on 16th September may well not go ahead, however that is beyond this Committee’s control – it may also be transferred to Cambridge).

We also impose a fine of $350 on Mr Ferguson.