Waikato BOP H 9 September 2021 – R2 – Dylan Ferguson

ID: RIB4506

Respondent(s):
Dylan Ferguson - Driver

Applicant:
Mr S Mulcay-Stipendiary Steward

Adjudicators:
Mr A Godsalve

Information Number:
A16256

Decision Type:
Adjudicative Decision

Charge:
Uses whip with more than a wrist flicking motion

Rule(s):
869(2), Whip and Rein Regulations - Incorrect use of whip

Plea:
Admitted

Animal Name:
HOLYROOD

Code:
Harness

Race Date:
09/09/2021

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R2

Hearing Date:
09/09/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Dylan Ferguson, driver, fined $200

SUMMARY OF FACTS:

Following the running of Race 2 Mr Mulcay laid an Information charging Dylan Ferguson with using his whip with more than a wrist flicking motion.

EVIDENCE:

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

The relevant section 3.1. of the Regulation states: ‘A driver may only apply the whip in a wrist 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.’

Using the films Mr Mulcay identified HOLYROOD as the field entered the final straight. The horse was outside the leader and challenging hard. Into the straight Mr Mulcay pointed out that Mr Ferguson used his whip 5 times with an action more than the permissible wrist flicking motion. He then reverted to the correct use of his whip. The horse finished 2nd.

Mr Ferguson had nothing to add.

REASON FOR DECISION:

As Mr Ferguson has admitted the breach the charge is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay said that Mr Ferguson had a clear record in respect of breaches of this Rule, although he has previously been issued with a warning. He said the Stewards placed the breach at the low end of the scale. The Guide provides for a fine of between $200-$400.

Mr Ferguson did not comment.

REASON FOR PENALTY:

The Committee agrees that the breach was at the low end of the scale. We found no reason to modify the applicable penalty of $200.

CONCLUSIONS:

Mr Ferguson was fined $200.

Decision Date: 09/09/2021

Publish Date: 10/09/2021