Archive Decision

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HR Waikato 9 January 2015 – R 9

ID: JCA12946

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr N Purdon - Junior Horseman

Other Person:
Mr B Mangos - Open Horseman assisting Mr N Purdon

Information Number:
A3990

Hearing Type:
Hearing

New Charge:
Failed to obey Starters instruction

Rules:
857(7)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 9 January 2015

Meet Chair:
ADooley

Meet Committee Member 1:
TCastles

Race Date:
2015/01/09

Race Number:
R9

Decision:

As Mr Purdon admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr Purdon was fined the sum of $200.

Facts:

Following the running of race 9, House of Travel Cambridge Handicap Trot, an Information was filed pursuant to Rule 857(7)(b). The Informant, Stipendiary Steward, Mr Mulcay, alleged that Junior Horseman, Mr N Purdon, failed to obey the starters instruction by failing to bring THE SCRUFF into position at the start. This resulted in THE SCRUFF being declared a non-runner.

Mr Purdon acknowledged that he understood the rule and confirmed his admission of the breach. Mr Mangos assisted Mr Purdon at the hearing.

Rule 857(7) (b) provides: No Horseman shall (b) fail to obey the Starter’s instructions.

Mr Mulcay identified on the video films where Mr Purdon failed to obey the starters instruction by failing to bring THE SCRUFF into position at the start. He demonstrated THE SCRUFF was facing the wrong way when the start was declared with Mr Purdon being dislodged from the sulky. As a result THE SCRUFF took no part in the race.

Mr Mangos advised the Committee that Mr Purdon did not hear the starters call as he was on the 30 metre mark. He said that was the reason

Mr Purdon took another turn before attempting to come into line. He noted Mr Purdon did not have much experience with the starter at Cambridge.

Mr Mangos further added THE SCRUFF was not a good stand start horse and it was on the unruly mark.

In response to a question from the Committee, Mr Purdon acknowledged he had driven THE SCRUFF once before.

Submissions for Penalty:

Mr Mulcay produced Mr Purdon’s record which showed no previous breach under this Rule in the last 12 months. He submitted the JCA Penalty Guide recommended starting point for a breach of this Rule was 6 drives or a $300 fine. He said Mr Purdon should be given credit for his admission of the breach and the fact he’s had limited experience driving. Mr Mulcay submitted a fine in the $200 to $250 range would be an appropriate penalty.

Mr Mangos submitted a monetary fine as low as possible would be appropriate.

Mr Purdon had nothing to add.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Purdon’s admission of the breach, his limited experience as a Junior Horseman and his clear record in relation to this Rule. We note the Stewards declared THE SCRUFF a late scratching under Rule 213(1) (j) on the grounds of being denied a fair start. The films clearly show Mr Purdon made an error of judgement in allowing THE SCRUFF to turn around when the start was declared.

We note Mr N Purdon drove THE SCRUFF to win its previous start at Cambridge which was a standing start event. Therefore we don’t fully accept that the cause of this incident was solely due to him not being familiar with the Cambridge starter.

Before imposing penalty the Committee referred to the JCA listing of penalties which showed there was no precedent for this breach. We used the JCA Penalty Guide as a starting point when considering Mr Purdon’s penalty.

After taking into account all the above factors and placing emphasis on the mitigating factors we consider an appropriate penalty is a $200 fine.

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: 6d1f292b66410f926419ae834b3e0e87


informantnumber: A3990


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to obey Starters instruction


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2014


hearing_title: HR Waikato 9 January 2015 - R 9


charge:


facts:

Following the running of race 9, House of Travel Cambridge Handicap Trot, an Information was filed pursuant to Rule 857(7)(b). The Informant, Stipendiary Steward, Mr Mulcay, alleged that Junior Horseman, Mr N Purdon, failed to obey the starters instruction by failing to bring THE SCRUFF into position at the start. This resulted in THE SCRUFF being declared a non-runner.

Mr Purdon acknowledged that he understood the rule and confirmed his admission of the breach. Mr Mangos assisted Mr Purdon at the hearing.

Rule 857(7) (b) provides: No Horseman shall (b) fail to obey the Starter’s instructions.

Mr Mulcay identified on the video films where Mr Purdon failed to obey the starters instruction by failing to bring THE SCRUFF into position at the start. He demonstrated THE SCRUFF was facing the wrong way when the start was declared with Mr Purdon being dislodged from the sulky. As a result THE SCRUFF took no part in the race.

Mr Mangos advised the Committee that Mr Purdon did not hear the starters call as he was on the 30 metre mark. He said that was the reason

Mr Purdon took another turn before attempting to come into line. He noted Mr Purdon did not have much experience with the starter at Cambridge.

Mr Mangos further added THE SCRUFF was not a good stand start horse and it was on the unruly mark.

In response to a question from the Committee, Mr Purdon acknowledged he had driven THE SCRUFF once before.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Purdon admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Mulcay produced Mr Purdon’s record which showed no previous breach under this Rule in the last 12 months. He submitted the JCA Penalty Guide recommended starting point for a breach of this Rule was 6 drives or a $300 fine. He said Mr Purdon should be given credit for his admission of the breach and the fact he’s had limited experience driving. Mr Mulcay submitted a fine in the $200 to $250 range would be an appropriate penalty.

Mr Mangos submitted a monetary fine as low as possible would be appropriate.

Mr Purdon had nothing to add.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Purdon’s admission of the breach, his limited experience as a Junior Horseman and his clear record in relation to this Rule. We note the Stewards declared THE SCRUFF a late scratching under Rule 213(1) (j) on the grounds of being denied a fair start. The films clearly show Mr Purdon made an error of judgement in allowing THE SCRUFF to turn around when the start was declared.

We note Mr N Purdon drove THE SCRUFF to win its previous start at Cambridge which was a standing start event. Therefore we don’t fully accept that the cause of this incident was solely due to him not being familiar with the Cambridge starter.

Before imposing penalty the Committee referred to the JCA listing of penalties which showed there was no precedent for this breach. We used the JCA Penalty Guide as a starting point when considering Mr Purdon’s penalty.

After taking into account all the above factors and placing emphasis on the mitigating factors we consider an appropriate penalty is a $200 fine.


penalty:

Accordingly, Mr Purdon was fined the sum of $200.


hearing_type: Hearing


Rules: 857(7)(b)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr N Purdon - Junior Horseman


Otherperson: Mr B Mangos - Open Horseman assisting Mr N Purdon


PersonPresent:


Respondent:


StipendSteward:


raceid: 59c5ba0d1ef39d9d5bee435caf3e6a51


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8d2778a7c78a4e19c58db2b537d1a21a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/01/2015


meet_title: Harness Racing Waikato - 9 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: TCastles


meet_pm2: none


name: Harness Racing Waikato