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Forbury Park TC 4 August 2019 - R 2 - Chair, Prof G Hall

Created on 06 August 2019

Committee:
GHall (chair)
PKnowles
Name(s):
Mr C Ferguson - Licensed Open Driver
Mr Renault - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A9833
Plea:
Admitted
Charge:
Contravention of the Use of the Whip Regulations
Evidence:

Stipendiary Steward, Mr Munro, alleged that Mr Ferguson, the driver of CARLO GAMBINO in race 2 the New Zealand Transport Ltd Mobile Pace used his whip on more occasions than is permitted by the Use of the Whip regulations.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault, Stipendiary Steward, demonstrated on the race films that the respondent, who was one out and two back at the 400 metres, improved down the outside of the track in the last 200 metres. Mr Ferguson used his whip 11 times. The horse finished second.

Decision:

As Mr Ferguson has admitted the breach, the breach is found to be proved.

Submission For Penalty:

Mr Munro produced Mr Ferguson’s record. Mr Ferguson had 264 drives last season and 278 the season before. His record is clear under this rule since 13 October 2018. He has had 234 drives since that time.

Reasons For Penalty:

The breach is low-range. The count starts again after 6 months or 200 drives. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances.

Penalty:

Mr Ferguson is fined the sum of $200.

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