Kaikoura TC 29 October 2012 – R 6
ID: JCA11843
Meet Title:
Kaikoura TC - 29 October 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/10/29
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr Purdon was fined the sum of $600-00.
Charge:
Alleged diminishing chances of his horse
Facts:
Following the running of Race 6, the Kaikoura Waste Services Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr M. Purdon alleging a breach of Rule 869(3)(g) in that while driving “Three Pints” he diminished that horse's chances.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(g) (in that) you drove in a manner which diminished your chances when miscounting the rounds passing the 500m when not shifting ground outwards to follow “Magna” when driving “Three Pints”.
Rule 869(3)(g) reads as follows:
“(3) No horseman in any race shall drive:-
(g) in any manner capable of diminishing the chances of his horse winning.”
Mr Purdon had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Purdon also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Race 6 was a 1900 metre mobile start event. Mr Ydgren gave evidence and used video coverage to show that Mr Purdon was travelling two out with two horses behind him (another two were out of contention by this stage) when he reached the back straight for the final time. At that stage “Magna” improved three wide and “Tomsincharge” started to follow that horse. Mr Purdon had the opportunity to move three wide and follow “Magna” but failed to do so and ended up last in the 8 horses which were still in contention.
Mr Ydgren pointed out that after “Magna” improved three wide Mr Purdon did start to make a move three wide, but instead went back to his original position, believing that he still had 1½ laps to run, and that to have made this move at that time would have been in breach of the “push out” rule. From then on Mr Purdon was pocketed in a two wide position. At the end of this race “Three Pints” was in 5th place and less than a length from the winner.
Mr Purdon gave evidence that when he was warming “Three Pints” up there was a children’s tent close to the fence and other activity in that area that his horse shied at. He said that he took his horse past this area several times to try and get him used to it as he had drawn one on the second line, and was concerned that his horse would shy in this spot during the running of the race. Because of these concerns, Mr Purdon said, he continued to do this right up to the start of the race, and by the time the race started he had got it into his head that it was 2400 metre race. This was the reason that he did not make a move to follow “Magna”, as he had it in his mind that he still had 1½ laps to go.
Reasons for Decision:
As Mr Purdon had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Purdon has an excellent record and made a frank admission of the breach at the earliest opportunity. There were however effects on the owners and investors on the horse, but Mr Ydgren accepted that Mr Purdon had made a simple error.
Mr Ydgren referred to the Penalty Guide which recommends a starting point of a suspension of 15 drives or a fine of $750-00 for a breach of this Rule. Mr Ydgren submitted that this breach could be dealt with by means of a monetary penalty.
Mr Purdon had no submissions to make with regard to penalty.
Reasons for Penalty:
We took into account Mr Purdon’s excellent record and his frank admission of the breach. We also took into account his explanation as to the background to this breach, which is consistent with the facts of the matter. On the other hand the owners and investors were affected by this breach.
Taking all these matters into account we decided that his breach should be dealt with by means of a fine, and that this would be $600-00.
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: 266347eced30711977bb55b758913f36
informantnumber: A5572
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/10/2012
hearing_title: Kaikoura TC 29 October 2012 - R 6
charge:
Alleged diminishing chances of his horse
facts:
Following the running of Race 6, the Kaikoura Waste Services Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr M. Purdon alleging a breach of Rule 869(3)(g) in that while driving “Three Pints” he diminished that horse's chances.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(g) (in that) you drove in a manner which diminished your chances when miscounting the rounds passing the 500m when not shifting ground outwards to follow “Magna” when driving “Three Pints”.
Rule 869(3)(g) reads as follows:
“(3) No horseman in any race shall drive:-
(g) in any manner capable of diminishing the chances of his horse winning.”
Mr Purdon had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Purdon also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Race 6 was a 1900 metre mobile start event. Mr Ydgren gave evidence and used video coverage to show that Mr Purdon was travelling two out with two horses behind him (another two were out of contention by this stage) when he reached the back straight for the final time. At that stage “Magna” improved three wide and “Tomsincharge” started to follow that horse. Mr Purdon had the opportunity to move three wide and follow “Magna” but failed to do so and ended up last in the 8 horses which were still in contention.
Mr Ydgren pointed out that after “Magna” improved three wide Mr Purdon did start to make a move three wide, but instead went back to his original position, believing that he still had 1½ laps to run, and that to have made this move at that time would have been in breach of the “push out” rule. From then on Mr Purdon was pocketed in a two wide position. At the end of this race “Three Pints” was in 5th place and less than a length from the winner.
Mr Purdon gave evidence that when he was warming “Three Pints” up there was a children’s tent close to the fence and other activity in that area that his horse shied at. He said that he took his horse past this area several times to try and get him used to it as he had drawn one on the second line, and was concerned that his horse would shy in this spot during the running of the race. Because of these concerns, Mr Purdon said, he continued to do this right up to the start of the race, and by the time the race started he had got it into his head that it was 2400 metre race. This was the reason that he did not make a move to follow “Magna”, as he had it in his mind that he still had 1½ laps to go.
reasonsfordecision:
As Mr Purdon had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Purdon has an excellent record and made a frank admission of the breach at the earliest opportunity. There were however effects on the owners and investors on the horse, but Mr Ydgren accepted that Mr Purdon had made a simple error.
Mr Ydgren referred to the Penalty Guide which recommends a starting point of a suspension of 15 drives or a fine of $750-00 for a breach of this Rule. Mr Ydgren submitted that this breach could be dealt with by means of a monetary penalty.
Mr Purdon had no submissions to make with regard to penalty.
reasonsforpenalty:
We took into account Mr Purdon’s excellent record and his frank admission of the breach. We also took into account his explanation as to the background to this breach, which is consistent with the facts of the matter. On the other hand the owners and investors were affected by this breach.
Taking all these matters into account we decided that his breach should be dealt with by means of a fine, and that this would be $600-00.
penalty:
Mr Purdon was fined the sum of $600-00.
hearing_type: Hearing
Rules: Rule 869(3)(g)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr M. Purdon - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0f953f6e34b15d0bb9dcab5c23604f0a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d39b46665f0748382a32317c04bb3a5f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2012
meet_title: Kaikoura TC - 29 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Kaikoura TC