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19 Nov 2020
Manawatu-Hrc - R 2

Manawatu HRC 19 November 2020 - R 2 - Chair, Mr N McCutcheon

Created on 22 November 2020

Committee:
NMcCutcheon (chair)
Name(s):
Mr D Ferguson- Driver of CONTRACTUAL ISSUES
Informant
Mr J Muirhead - Senior Stipendiary Steward
Information Number
A10288
Plea:
Admitted
Charge:
Contravention of the use of whip regulations
Evidence:

Following the running of Race 2 (Farrier & Webb Mobile Pace), Information A10288 was filed with the Judicial Committee. It was alleged that Mr Ferguson used his whip with more than a wrist only flicking action.

Mr Ferguson said that he understood the Rule and Regulations and confirmed that he admitted the breach.

Mr Muirhead showed the film replays which clearly showed Mr Ferguson lifting his whip arm relatively high and striking his horse with some force.

Mr Ferguson said that he was having some trouble in coming to terms with the new whip restrictions but that he was trying.

Decision:

Due to the charge being admitted together with the film evidence it was found proved.

Submission For Penalty:

Mr Muirhead said that the JCA Penalty starting point for the breach was a fine of $200-$400. He submitted that the Committee consider a penalty towards the lower end.

Mr Ferguson did not comment.

Reasons For Penalty:

The new Whip and Rein Regulations have only been in force since 1 November and it is apparent that some drivers are having problems adapting to the restrictions that are in place. Whilst Mr Ferguson did use the whip with more than a wrist flicking action, his use was considered to be a minor breach.

Penalty:

Mr Ferguson was fined $200.

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