Archive Decision

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Geraldine TC 28 November 2015 – R 11 – Chair, Mr S Ching

ID: JCA13489

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr M Purdon - Open Horseman

Information Number:
A3636

Hearing Type:
Hearing

New Charge:
Interference

Rules:
869(4)(6)(b)(c) - the push out rule

Plea:
admitted

Meet Title:
Geraldine TC - 28 November 2015

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2015/11/28

Race Number:
R 11

Decision:

As Mr Purdon had admitted the breach the charge was found proved.

Penalty:

Accordingly Mr Purdon was fined the sum of $200.

Facts:

Following the running of Race 11, the Ecolab C2-C3 handicap Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr M Purdon, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving BENICO and prior to the 1000m, he forced MY BABYS LAUGHING, driven by Miss I Lee, wider on the track.

Rule 869(4)(6) (b)(c) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) “Subject to sub-rule (4) hereof:-

(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”

Mr Purdon had indicated on the Information that this breach of the Rules was admitted. He had also endorsed on the information that he did not wish to be present at the hearing which was confirmed by Mr Renault.

Mr Renault gave evidence and used video coverage to show that near the 1100m, Mr Purdon driving BENICO, was racing 3 back in the two wide line. Miss I Lee, driving MY BABY’S LAUGHING, was racing 3 wide on the outside of BENICO and improving forward. Mr Renault stated that Mr Purdon shifted outwards forcing MY BABY’S LAUGHING out into a 4 wide position which he said was a clear breach of the rule as Miss Lee was improving past BENICO at the time.

Submissions for Penalty:

Mr Renault informed the Committee that Mr Purdon had not been before the JCA in regard to any Rule in the previous 12 months and that his penalty record could be regarded as good. Mr Purdon’s driving statistics showed that he had 137 drives last season and this season 41 drives to date. Mr Renault stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 5 drives or a fine of $250. Mr Renault submitted that taking into account Mr Purdon’s admission of the breach and his good record a fine of $200 be considered as penalty.

Reasons for Penalty:

In taking the JCA Penalty Guide starting point of a $250 fine the Committee were able to give Mr Purdon a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 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: 3ceea01b42e4475e267bee77b185b624


informantnumber: A3636


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Interference


plea: admitted


penaltyrequired: 1


decisiondate: 02/12/2015


hearing_title: Geraldine TC 28 November 2015 - R 11 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 11, the Ecolab C2-C3 handicap Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr M Purdon, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving BENICO and prior to the 1000m, he forced MY BABYS LAUGHING, driven by Miss I Lee, wider on the track.

Rule 869(4)(6) (b)(c) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) “Subject to sub-rule (4) hereof:-

(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”

Mr Purdon had indicated on the Information that this breach of the Rules was admitted. He had also endorsed on the information that he did not wish to be present at the hearing which was confirmed by Mr Renault.

Mr Renault gave evidence and used video coverage to show that near the 1100m, Mr Purdon driving BENICO, was racing 3 back in the two wide line. Miss I Lee, driving MY BABY’S LAUGHING, was racing 3 wide on the outside of BENICO and improving forward. Mr Renault stated that Mr Purdon shifted outwards forcing MY BABY’S LAUGHING out into a 4 wide position which he said was a clear breach of the rule as Miss Lee was improving past BENICO at the time.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Purdon had admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Purdon had not been before the JCA in regard to any Rule in the previous 12 months and that his penalty record could be regarded as good. Mr Purdon’s driving statistics showed that he had 137 drives last season and this season 41 drives to date. Mr Renault stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 5 drives or a fine of $250. Mr Renault submitted that taking into account Mr Purdon’s admission of the breach and his good record a fine of $200 be considered as penalty.


reasonsforpenalty:

In taking the JCA Penalty Guide starting point of a $250 fine the Committee were able to give Mr Purdon a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.


penalty:

Accordingly Mr Purdon was fined the sum of $200.


hearing_type: Hearing


Rules: 869(4)(6)(b)(c) - the push out rule


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr M Purdon - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 075e5cff6738edfaa36acca0c385b1f2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 11


submittochair:


race_expappcomment:


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meetid: a901c9351e25607caa8adfd59d72ce3a


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meetdate: 28/11/2015


meet_title: Geraldine TC - 28 November 2015


meet_expappcomment:


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tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Geraldine TC