Waikato/BOP Harness 24 October 2021 – R 6 – Dylan Ferguson

ID: RIB5408

Respondent(s):
Dylan Ferguson - Driver

Applicant:
Mr S Mulcay-Senior Stipendiary Steward

Adjudicators:
Chair, Mr A Godsalve

Persons Present:
Mr Ferguson, Mr Mulcay

Information Number:
A16265

Decision Type:
Adjudicative Decision

Charge:
Contravention of the Use of Whip Guidelines

Rule(s):
869(2)

Plea:
Admitted

Animal Name:
CLASSY OPERATOR

Code:
Harness

Race Date:
24/10/2021

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R6

Hearing Date:
24/10/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Dylan Ferguson suspended (3 Days) and fined $300

SUMMARY OF FACTS:

Mr Mulcay submitted an Information in which he alleged Dylan Ferguson ‘used his whip with more than a wrist only flicking motion in the run home’ in breach of Rule 869(2) and the Whip & Rein Regulations.

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

Using the films Mr Mulcay identified CLASSY OPERATOR as the field entered the home straight. The horse had been leading but was under pressure and Mr Mulcay pointed out that Mr Ferguson struck the horse 4 times using more than wrist flicking motion. He then corrected his whip action, however near the finish he again used his whip incorrectly, striking CLASSY OPERATOR another 2 times. The horse finished 4th.

Mr Ferguson agreed with Mr Mulcay’s summation.

REASON FOR DECISION:

As Mr Ferguson admitted the breach the charge is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay said the incident was in the mid-range, and submitted that a suspension of Mr Ferguson’s Licence would be appropriate as he had already had a breach on 9 September 2021 (fined $200).

Mr Ferguson said he could begin a suspension at the end of tonight’s racing.

REASON FOR PENALTY:

The Committee was concerned that Mr Ferguson effectively breached the Rule twice in this race. Since he was fined on 9 September 2021 a period of suspension is called for. The Committee agrees that the breach was in the mid-level and determines that a 3 day suspension of Mr Ferguson’s Licence is appropriate.

The Committee took note that the applicable 3 racedays which follow tonight meeting are:

Auckland                29 October

Auckland                  5 November

Manawatu               8 November.

(Fields are published for the Manawatu meeting on 26 October and Mr Ferguson is not shown as driving at that meeting.)

It is improbable that Mr Ferguson is going to be able to drive at the Auckland meetings due to the effect of lockdowns following the Covid situation. Penalties must be meaningful, and if the only meeting Mr Ferguson was unable to drive at was Manawatu, a ‘mini meeting’ his penalty would not be meaningful. The Committee therefore decided to impose a fine on Mr Ferguson along with the suspension.

CONCLUSION:

Mr Ferguson is suspended from driving at race meetings from after racing on 24 October until after racing on 8 November 2021 (3 days).

In addition he is fined $300.

Decision Date: 24/10/2021

Publish Date: 26/10/2021