NZ Metro TC – 21 May 2010 – R 8

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startdate: 21/05/2010

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hearing_title: NZ Metro TC - 21 May 2010 - R 8

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N R Escott – Chief Stipendiary Steward

Defendant:  Mr M Purdon – Open Horseman

Information No:  68972

Meeting:  New Zealand Metropolitan Trotting Club

Date:  21 May 2010

Venue:  Addington Raceway

Race:  8 – Garrard’s Sires’ Stakes Two-Year-Old Final (Group 1)

Rule No:  857 (7)(g)

Judicial Committee:  J M Phelan, Chairman – R G McKenzie, L N McCutcheon, Committee Members 

Plea:  Admitted

CHARGE:

Chief Stipendiary Steward Mr N. R. Escott filed an Information against Open Horseman Mr M. Purdon alleging a breach of Rule 857(7)(g).  It was alleged that Mr Purdon, the driver of “Major Mark” (8) in Race 8, the Garrard’s Sires’ Stakes Two-Year-Old Final (Group 1), failed to maintain his position behind the mobile.  The information reads as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 857(7)(g) in that M. Purdon (Major Mark) failed to maintain his position behind the mobile by pulling back too early.”

Rule 857(7)(g) reads as follows.

“(7) No horseman shall:-

            (g) fail to come up into and/or maintain his position.”

Mr Purdon had indicated on the information that this breach of the Rules was admitted, and he also confirmed that he understood the charge and the Rule it was brought under.

FACTS:

Mr Escott gave evidence and used video coverage to show that “Major Mark” had drawn the outside of the front line in the mobile start event.  Mr Purdon had restrained his horse back prior to that start, and when the race began he was about two lengths back.   

DECISION:

As Mr Purdon had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

SUBMISSIONS ON PENALTY:

In relation to penalty Mr Escott advised that Mr Purdon had no previous relevant convictions, and that he had admitted the breach.  Mr Escott also pointed out that this was a Group 1 $200,000-00 race and submitted that a fine of $350-00 should be imposed in this case. 

Mr Purdon made submissions that he considered that the fine recommended by the Stipendiary Stewards was excessive, and that he pulled back to help the chances of his horse which was the favourite for the race.

REASONS:

We adjourned to consider the matter of an appropriate penalty.  We looked at the Penalty Guide which recommends a starting point of $250-00 for a breach of this Rule.  We also looked at penalties imposed for similar breaches of this Rule.  It was relevant that there had been a breach of this Rule in the Woodlands Stud Northern Derby on 12 March this year.  This was a $500,000-00 Group 1 Race, and the driver charged had been fined $250-00 in that case. 

PENALTY:

On returning to the Enquiry Room we advised that a full written decision would be prepared later, and we gave the following oral decision on penalty.        

“We have looked at previous convictions under this Rule and find that on the 12 March this year a driver was fined the sum of $250-00 in a Group 1 $500,000-00 race in Auckland.  We also had a look at our sentencing guide which sets out that a starting point for a breach of this Rule is a fine of $250-00.  We take into account Mr Purdon’s guilty plea and the fact he has no previous convictions, but on the other hand also that it is a Group 1 $200,000-00 race.  In this case we consider an appropriate fine to be $250-00, and you will be fined the sum of $250-00.”

J M Phelan                   R G McKenzie and L N McCutcheon

CHAIR                         Committee Members

68972

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hearing_type: Old Hearing

Rules: 857(7)(g)

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race_title: R 8

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meetdate: 21/05/2010

meet_title: NZ Metro TC - 21 May 2010

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name: NZ Metro TC