NZ Metropolitan TC 14 September 2018 – R 7 – Chair, Mr S Ching
ID: JCA12679
Meet Title:
NZ Metro TC - 14 September 2018
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2018/09/14
Race Number:
R7
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Purdon was fined the sum of $200.
Facts:
Following the running of Race 7, the Avon City Ford (New Brighton) Cup (Group 3), an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr M Purdon, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 Purdon had endorsed the Information that the breach was admitted. He had also endorsed the Information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Purdon, driving THE FIXER, inside the 400m and racing in the lead position as the field turned for home. Mr Renault showed Mr Purdon draw the whip inside the 400m and use his whip in a striking manner on 11 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b).
Submissions for Penalty:
Mr Renault stated that Mr Purdon had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine, mitigation inclusive, for a 1st offence of 11 to 13 strikes on the sliding scale. He said that although the status of the race was Group 3, the stake of $30,000 was under the $40,000 threshold required for the status of the race to be taken into consideration in penalty. Mr Renault therefore submitted that a fine of $200 as per the sliding scale be imposed in this case.
Reasons for Penalty:
The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale of penalties, mitigation inclusive. This Committee determined that there were no aggravating factors to consider that warranted an uplift in penalty. We therefore determined that a $200 fine was an appropriate penalty in this case.
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: 48bfe5c6da8e6a9b952977d8a0e71b21
informantnumber: A10853
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2018
hearing_title: NZ Metropolitan TC 14 September 2018 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Avon City Ford (New Brighton) Cup (Group 3), an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr M Purdon, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 Purdon had endorsed the Information that the breach was admitted. He had also endorsed the Information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Purdon, driving THE FIXER, inside the 400m and racing in the lead position as the field turned for home. Mr Renault showed Mr Purdon draw the whip inside the 400m and use his whip in a striking manner on 11 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault stated that Mr Purdon had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine, mitigation inclusive, for a 1st offence of 11 to 13 strikes on the sliding scale. He said that although the status of the race was Group 3, the stake of $30,000 was under the $40,000 threshold required for the status of the race to be taken into consideration in penalty. Mr Renault therefore submitted that a fine of $200 as per the sliding scale be imposed in this case.
reasonsforpenalty:
The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale of penalties, mitigation inclusive. This Committee determined that there were no aggravating factors to consider that warranted an uplift in penalty. We therefore determined that a $200 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Purdon was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Whip Regulation (b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Purdon - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 50d88b4eaca9e231f470dc0a6ce06d38
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2ee311f3e4380c1c4c960e57f567ca2e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/09/2018
meet_title: NZ Metro TC - 14 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC