Franklin TC – 26 May 2006 –

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startdate: 26/05/2006

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hearing_title: Franklin TC - 26 May 2006 -

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An information was lodged by Stipendiary Steward Mr JM Muirhead against Mr M Purdon the Driver of Top Tempo in that he drove dangerously

An information was lodged by Stipendiary Steward Mr JM Muirhead against Mr M Purdon the Driver of Top Tempo in that he drove dangerously when he restrained Top Tempo from the one out position inwards to three back on the running line resulting in Sky Beauty (S Phelan) taking evasive action by being forced into the passing lane and restrained which in turn resulted in Weka Lass (R Holmes) and Scotlynn Jane (M Jones) being placed under restraint which in turn further resulted in Running on Faith (P Ferguson), Geld Bromac (M McKendry) and Suvarno Hanover (T Mitchell) dislodging their Drivers with Reality Check, Rhythmic Rose and Belletti also receiving severe checks in this incident.

Mr Purdon was present and did not admit a breach of the Rule.

Mr Purdon was asked if he understood the Rule and he acknowledged doing so. Mr Purdon was also advised by this Committee that a charge of dangerous driving is a serious charge and that he could have this matter adjourned if he wished to. Mr Purdon advised that he was returning to Christchurch tomorrow and that he wished to proceed with the Hearing and wished this Committee to deal with it.

By consent of both parties the evidence taken at the previous Hearing into the placing of Top Tempo was admitted as evidence at this Hearing.

Mr Muirhead said that dangerous meant taking a dangerous risk causing a hazard which is likely to cause physical damage.

Mr Muirhead stated that as a consequence of Mr Purdon's actions he created a dangerous situation in which three horses fell and the consequences of Mr Purdon's actions were significant. Mr McKendry was injured as a result.

Mr Purdon then questioned Mr Muirhead and asked him if he thought that there were any mitigating circumstances and Mr Muirhead said no. Mr Purdon also asked if the whole event was caused by his actions in moving in and Mr Muirhead said yes. Mr Purdon suggested that Mr Holmes driving Weka Lass could have moved into the passing lane but Mr Muirhead drew the Committee's attention to the Passing Lane's False Rails and Home Straight Regulations. Mr Holmes was not entitled to move into the passing lane at that particular time of the race.

Mr Purdon then gave evidence and again made use of the video film to demonstrate the race and his actions and relied on evidence previously given. Mr Purdon was again of the view that he did not cause the problem and that he had sufficient room, a number of the horses were "green" in racing terms and he also believed that Mr Ferguson and Mr McKendry were responsible for their horses falling.

The Committee asked Mr Muirhead if he wished to maintain the charge of dangerous driving or if he wished to amend the charge. Mr Muirhead declined to do so and pointed out that the Committee has the power to do so if it wishes. The Committee has this power under Rule 1111 paragraph (1), paragraph (4) and paragraph (5).

Before reaching a decision the Committee recalled Mr Muirhead and Mr Purdon and advised that after due consideration but before making its decision the Committee had ruled that the charge be amended to one of reckless driving pursuant to Rule 869(3)(c).

DECISION

In considering this matter and reaching its decision the Committee took into account the following matters:

1. The actions of Mr Purdon and the inwards movement that he made with his horse.

2. The evidence as a whole presented at the previous Hearing relating to the placing of Top Tempo.

3. The further evidence presented at this Hearing.

4. The submissions made.

Mr Muirhead and Mr Purdon were asked to make submissions as to penalty.

Mr Muirhead said that this was a serious matter and serious consequences had resulted from Mr Purdon's actions and he said that this matter was in the mid range to upper range of seriousness and asked for a penalty of suspension of six races days to six weeks together with a fine of $2,000.00.

Mr Purdon said that in his view there were mitigating circumstances and that the penalty suggested by Mr Muirhead was excessive and he also relied on his driving record which was presented to this Committee.

Having taken the submissions into account the Committee ordered that Mr Purdon be suspended from driving up to and including the 2^nd of July 2006.

BJ Scott, Chairman

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hearing_type: Old Hearing

Rules: 869.3.c

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