Rangiora HRC 9 April 2017 – R 6 – Chair, Mr R McKenzie
ID: JCA10626
Meet Title:
Rangiora HRC - 9 April 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2017/04/09
Race Number:
R6
Decision:
Mr Purdon having admitted the breach, the charge was found proved.
Penalty:
Mr Purdon was fined the sum of $400.
Facts:
Following the running of Race 5, See Terror to Love at Rangiora 23 April Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr N Purdon, alleging that Mr Purdon as the driver of DEBNITA ROSE in the race, “drove carelessly near the 1700 metres when failing to concede his position resulting in his drive breaking checking GREEN FINGERS, GLENGARRY ROSE and OPAWA MACH.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Purdon was present at the hearing of the information and he confirmed that he admitted the breach. He informed the Committee that he had sought advice from senior horsemen prior to pleading to the charge and that he did not wish to be assisted at the hearing, despite being advised by the Committee that he was entitled to such assistance.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
The Easing Down Regulations provide:
Subject to Rule 869 (3) (b), Careless Driving . . . horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the movement is conducted in a gradual and acceptable manner.
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869 (3) (b) Careless Driving.
Mr Ydgren referred to the video replay of the incident which took place approximately 1700 metres from home and he pointed out the affected runners. LIGHT YEAR FRANCO, driven by Mr C D Thornley, was racing 3-wide back past mid-field leading the 3-wide line, with Mr Purdon, driving DEBNITA ROSE, on his inner.
Mr Thornley had established a clear advantage of approximately a half-length over Mr Purdon who was clear of the horse inside him. Should Mr Thornley attempt to shift down, Mr Purdon is required to give up his spot, Mr Ydgren said. However, Mr Purdon had attempted to maintain his position in the 2-wide line notwithstanding. Mr Thornley attempted to shift inwards. Mr Purdon attempted to maintain his position. His horse became unbalanced and broke, resulting in three other runners being checked.
Mr Purdon said that he had been driving recently in Australia and was not completely familiar with the Regulation. In Australia, he said, there is no equivalent Rule or Regulation and a driver can be more aggressive in attempting to hold his position. He freely conceded that he had been in the wrong in attempting to hold his position, but thought he may have been able to do so.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Purdon had a clear record with the Stewards. His Australian driving record was not available but he has had 52 drives so far this season in New Zealand, so is driving on a regular basis and with some success.
Mr Purdon is expected to familiarise himself with the Rules and it cannot be overlooked that four runners were inconvenienced as a result of Mr Purdon’s carelessness, including his own runner that was 2nd favourite for the race, Mr Ydgren submitted.
Mr Ydgren submitted that, because of the consequential effects referred to, a fine in the vicinity of $400 was appropriate.
Mr Purdon told the Committee that he would prefer a fine over a suspension. He accepted that he ought to have been more familiar with the Regulation.
Reasons for Penalty:
In deciding on penalty, the Committee had regard to the Penalty Guide recommended starting point for a breach of the Rule – that is to say, a $500 fine. Clearly, the fact that Mr Purdon’s carelessness had affected the chances of four runners in the race was an aggravating factor and required an uplift in the starting point. We deemed an uplift of $100 to $600 to be appropriate in this regard.
Mr Purdon was entitled to a discount for the two mitigating factors – his clear record and his admission of the breach. The appropriate discount we assessed at $200.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 05698d1181fabf796f0791eed133cc34
informantnumber: A8963
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 11/04/2017
hearing_title: Rangiora HRC 9 April 2017 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, See Terror to Love at Rangiora 23 April Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr N Purdon, alleging that Mr Purdon as the driver of DEBNITA ROSE in the race, “drove carelessly near the 1700 metres when failing to concede his position resulting in his drive breaking checking GREEN FINGERS, GLENGARRY ROSE and OPAWA MACH.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Purdon was present at the hearing of the information and he confirmed that he admitted the breach. He informed the Committee that he had sought advice from senior horsemen prior to pleading to the charge and that he did not wish to be assisted at the hearing, despite being advised by the Committee that he was entitled to such assistance.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
The Easing Down Regulations provide:
Subject to Rule 869 (3) (b), Careless Driving . . . horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the movement is conducted in a gradual and acceptable manner.
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869 (3) (b) Careless Driving.
Mr Ydgren referred to the video replay of the incident which took place approximately 1700 metres from home and he pointed out the affected runners. LIGHT YEAR FRANCO, driven by Mr C D Thornley, was racing 3-wide back past mid-field leading the 3-wide line, with Mr Purdon, driving DEBNITA ROSE, on his inner.
Mr Thornley had established a clear advantage of approximately a half-length over Mr Purdon who was clear of the horse inside him. Should Mr Thornley attempt to shift down, Mr Purdon is required to give up his spot, Mr Ydgren said. However, Mr Purdon had attempted to maintain his position in the 2-wide line notwithstanding. Mr Thornley attempted to shift inwards. Mr Purdon attempted to maintain his position. His horse became unbalanced and broke, resulting in three other runners being checked.
Mr Purdon said that he had been driving recently in Australia and was not completely familiar with the Regulation. In Australia, he said, there is no equivalent Rule or Regulation and a driver can be more aggressive in attempting to hold his position. He freely conceded that he had been in the wrong in attempting to hold his position, but thought he may have been able to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Purdon had a clear record with the Stewards. His Australian driving record was not available but he has had 52 drives so far this season in New Zealand, so is driving on a regular basis and with some success.
Mr Purdon is expected to familiarise himself with the Rules and it cannot be overlooked that four runners were inconvenienced as a result of Mr Purdon’s carelessness, including his own runner that was 2nd favourite for the race, Mr Ydgren submitted.
Mr Ydgren submitted that, because of the consequential effects referred to, a fine in the vicinity of $400 was appropriate.
Mr Purdon told the Committee that he would prefer a fine over a suspension. He accepted that he ought to have been more familiar with the Regulation.
reasonsforpenalty:
In deciding on penalty, the Committee had regard to the Penalty Guide recommended starting point for a breach of the Rule – that is to say, a $500 fine. Clearly, the fact that Mr Purdon’s carelessness had affected the chances of four runners in the race was an aggravating factor and required an uplift in the starting point. We deemed an uplift of $100 to $600 to be appropriate in this regard.
Mr Purdon was entitled to a discount for the two mitigating factors – his clear record and his admission of the breach. The appropriate discount we assessed at $200.
penalty:
Mr Purdon was fined the sum of $400.
hearing_type: Hearing
Rules: 869(3)(b)& Easing Down Regulation
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: N Purdon, Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e9c6195e3b50134554aaab40d266d77d
race_expapproval:
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race_emailed1: 0
race_emailed2: 0
race_title: R6
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meetdate: 09/04/2017
meet_title: Rangiora HRC - 9 April 2017
meet_expappcomment:
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
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name: Rangiora HRC