Wairio TC 28 January 2023 – R10 – Craig Ferguson

ID: RIB15019

Respondent(s):
Craig Ferguson - Driver

Applicant:
Mr V Munro - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr Munro, Mr Renault - Stipendiary Steward, Mr Ferguson

Information Number:
A13895

Decision Type:
Race Related Charge

Charge:
Delaying Start

Rule(s):
858(1)(a) - Riding/driving infringement

Plea:
Admitted

Animal Name:
MacAndrew

Code:
Harness

Race Date:
28/01/2023

Race Club:
Wairio Trotting Club

Race Location:
Winton Racecourse - Racecourse Road, Winton, 9720

Race Number:
R10

Hearing Date:
28/01/2023

Hearing Location:
Winton Racecourse

Outcome: Proved

Penalty: Driver Craig Ferguson was fined the sum of $200

Following the running of Race 10, the Respondent Driver, Craig Ferguson admitted a breach of Rule 858(1)(a) in that he allowed his horse MACANDREW AVIATOR to make contact with the barrier strand causing a delay.

The Respondent endorsed the Information “I do admit the breach of the Rule” and confirmed he understood the Rule and the nature of the charge.

Rule 858 (1) provides:

A driver must not

(a) delay the start

Stipendiary Steward, Mr Renault used the available video clips to highlight the incident showing Mr Ferguson attempting to anticipate the start, but having to take hold of his horse as he had misjudged the timing.

Mr Ferguson agreed with Mr Renault’s summation of events.

Decision

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty

Stipendiary Steward Mr Munro produced the Respondent’s record which showed 3052 lifetime drives, 219 last season and 23 this season. Mr Munro said that the starting point in the Penalty Guide was a $300 fine. However, Mr Ferguson had been forthright in his admittance of the breach and that may be taken into account in fixing penalty.

Mr Ferguson made no submissions on penalty.

Reasons for Penalty

The Penalty Guide provides a starting point of a $300 fine. After evaluating all factors, the Adjudicative Committee determined a $200 fine to be an appropriate penalty considering the circumstances of this case.

Conclusion

Accordingly, Mr Ferguson has been fined the sum of $200.

Decision Date: 28/01/2023

Publish Date: 30/01/2023