Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Cambridge – Te Awamutu HRC – 2 January 2009 – Race 8

ID: JCA18889

Hearing Type:
Old Hearing

Rules:
869.2.c

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 2 January 2009

Race Date:
2009/01/02

Race Number:
Race 8

Decision: --

An information was filed by Stipendiary Steward Mr T Taumanu against Mr M Purdon, driver of AUCKLAND REACTOR, alleging a breach of Rule 869(2)(c) - in that he used his whip outside the confines of the sulky over the concluding stages of the race.



--

An information was filed by Stipendiary Steward Mr T Taumanu against Mr M Purdon, driver of AUCKLAND REACTOR, alleging a breach of Rule 869(2)(c) - in that he used his whip outside the confines of the sulky over the concluding stages of the race.

--

Mr Purdon admitted the breach but did not wish to be present at the hearing.

--

Mr Taumanu demonstrated the incident by use of the video film. Shortly after entering the home straight, Mr Purdon was holding his whip in his right hand and then extended his right arm outwards and flourished his whip on three occasions in quick succession. He did not hit the horse. He later correctly used his whip in the run to the finishing line. Mr Taumanu expressed his concern about the potential seriousness of such use of the whip. The chances of MONKEY KING, driven by Mr R May, which was improving on the outside of AUCKLAND REACTOR, were not affected.

--

PENALTY:

--

Mr Taumanu said Mr Purdon had previously been warned for a breach of this rule, and whilst the offending on this occasion was not serious it had the potential to be so. He recommended a fine of $350 taking into account that this was a Group 2 race. He said Mr Purdon had accepted the recommendation.

--

In fixing penalty I take into account the following matters:

--
    --
  1. The guilty plea - although it is somewhat inevitable. --
  2. The submissions of Mr Taumanu. --
  3. The acceptance of those submissions by Mr Purdon. --
  4. Mr Purdon has a clear driving record - warnings are not taken into account. --
  5. The actual offending is at the lower end of the scale of seriousness. --
  6. The recommended starting point for penalty is a fine of $200 or a two week suspension. There is no recommendation to increase the penalty because of the status of the race.
--

Balancing those matters, I impose a fine of $200. I accept Mr Taumanu's concern about such use of the whip in the home straight. Such use could lead to a protest being filed and a relegation being made.

--

 

--

B Rowe

--

Chairman

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: 28a1099111d4ff6b574f28e327ecfd4e


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 02/01/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 2 January 2009 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

An information was filed by Stipendiary Steward Mr T Taumanu against Mr M Purdon, driver of AUCKLAND REACTOR, alleging a breach of Rule 869(2)(c) - in that he used his whip outside the confines of the sulky over the concluding stages of the race.



--

An information was filed by Stipendiary Steward Mr T Taumanu against Mr M Purdon, driver of AUCKLAND REACTOR, alleging a breach of Rule 869(2)(c) - in that he used his whip outside the confines of the sulky over the concluding stages of the race.

--

Mr Purdon admitted the breach but did not wish to be present at the hearing.

--

Mr Taumanu demonstrated the incident by use of the video film. Shortly after entering the home straight, Mr Purdon was holding his whip in his right hand and then extended his right arm outwards and flourished his whip on three occasions in quick succession. He did not hit the horse. He later correctly used his whip in the run to the finishing line. Mr Taumanu expressed his concern about the potential seriousness of such use of the whip. The chances of MONKEY KING, driven by Mr R May, which was improving on the outside of AUCKLAND REACTOR, were not affected.

--

PENALTY:

--

Mr Taumanu said Mr Purdon had previously been warned for a breach of this rule, and whilst the offending on this occasion was not serious it had the potential to be so. He recommended a fine of $350 taking into account that this was a Group 2 race. He said Mr Purdon had accepted the recommendation.

--

In fixing penalty I take into account the following matters:

--
    --
  1. The guilty plea - although it is somewhat inevitable. --
  2. The submissions of Mr Taumanu. --
  3. The acceptance of those submissions by Mr Purdon. --
  4. Mr Purdon has a clear driving record - warnings are not taken into account. --
  5. The actual offending is at the lower end of the scale of seriousness. --
  6. The recommended starting point for penalty is a fine of $200 or a two week suspension. There is no recommendation to increase the penalty because of the status of the race.
--

Balancing those matters, I impose a fine of $200. I accept Mr Taumanu's concern about such use of the whip in the home straight. Such use could lead to a protest being filed and a relegation being made.

--

 

--

B Rowe

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.c


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 43ac8645be7b2360bdead8108037bded


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b1d7132db8dff36e3cbbf863f5066b82


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2009


meet_title: Cambridge - Te Awamutu HRC - 2 January 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Cambridge - Te Awamutu HRC