Ashburton TC 23 October 2017 – R 10 – Chair, Mr R McKenzie
ID: JCA14414
Meet Title:
Ashburton TC - 23 October 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/10/23
Race Number:
R10
Decision:
Mr Purdon having admitted the breach, the charge was found proved.
Penalty:
Mr Purdon was fined the sum of $200.
Facts:
Following the running of Race 10, Woodlands Stud “Sweet Lou” $4,000 Special Continues Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr M Purdon, alleging that Mr Purdon, as the driver of TENNYSON BROMAC in the race, “forced ILLEGAL IMMIGRANT (B N Orange) to race wider on the track near the 1700 metres (Push Out Rule)”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed to the Committee that Mr Purdon did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement 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 Ydgren had Stipendiary Steward, Mr S P Renault, show video replays of the relevant part of the race, just after the field entered the home straight with approximately 1700 metres to run. Mr Renault pointed out TENNYSON BROMAC, driven by Mr Purdon, racing three places back on the markers and ILLEGAL IMMIGRANT (B N Orange) racing three places back on the outer. He then pointed out Mr Purdon ease off the markers into the one-out line as Mr Orange was improving forward and, in doing so, forcing ILLEGAL IMMIGRANT to race 3-wide for a distance, before settling three places back behind TENNYSON BROMAC. Mr Ydgren pointed out that Mr Purdon had taken up the position to which ILLEGAL IMMIGRANT was entitled – one out and one back. Mr Purdon had been able to extricate his runner from the markers by driving outside of the Rules, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Purdon had a clear record under the Rule. He referred to the Penalty Guide starting point of a 5 drives’ suspension or a $250 fine. Having regard to Mr Purdon’s admission of the breach and his good record, Mr Ydgren submitted, a fine of $200 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $250 fine. There were no aggravating factors but mitigating factors were Mr Purdon’s admission of the breach and his good record. We decided that an appropriate discount for those mitigating factors was the sum of $50. We further noted that a fine of $200 was consistent with previous fines imposed in cases of mid-range breaches of the Rule in which the horseman had admitted the breach and had a good record.
JCA Decision Fields (raw)
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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: 8058a734a2a70fa9e7f7dea6fa2cab73
informantnumber: A5540
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 25/10/2017
hearing_title: Ashburton TC 23 October 2017 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, Woodlands Stud “Sweet Lou” $4,000 Special Continues Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr M Purdon, alleging that Mr Purdon, as the driver of TENNYSON BROMAC in the race, “forced ILLEGAL IMMIGRANT (B N Orange) to race wider on the track near the 1700 metres (Push Out Rule)”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed to the Committee that Mr Purdon did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement 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 Ydgren had Stipendiary Steward, Mr S P Renault, show video replays of the relevant part of the race, just after the field entered the home straight with approximately 1700 metres to run. Mr Renault pointed out TENNYSON BROMAC, driven by Mr Purdon, racing three places back on the markers and ILLEGAL IMMIGRANT (B N Orange) racing three places back on the outer. He then pointed out Mr Purdon ease off the markers into the one-out line as Mr Orange was improving forward and, in doing so, forcing ILLEGAL IMMIGRANT to race 3-wide for a distance, before settling three places back behind TENNYSON BROMAC. Mr Ydgren pointed out that Mr Purdon had taken up the position to which ILLEGAL IMMIGRANT was entitled – one out and one back. Mr Purdon had been able to extricate his runner from the markers by driving outside of the Rules, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Purdon had a clear record under the Rule. He referred to the Penalty Guide starting point of a 5 drives’ suspension or a $250 fine. Having regard to Mr Purdon’s admission of the breach and his good record, Mr Ydgren submitted, a fine of $200 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $250 fine. There were no aggravating factors but mitigating factors were Mr Purdon’s admission of the breach and his good record. We decided that an appropriate discount for those mitigating factors was the sum of $50. We further noted that a fine of $200 was consistent with previous fines imposed in cases of mid-range breaches of the Rule in which the horseman had admitted the breach and had a good record.
penalty:
Mr Purdon was fined the sum of $200.
hearing_type: Hearing
Rules: 869(6)(b)&(c)
Informant: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: M Purdon, Licensed Open Horseman
Otherperson: Mr S P Renault, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bd29fc9cc031893871028c86574def39
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a5c67719da08f46a3301d146e225985
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/10/2017
meet_title: Ashburton TC - 23 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC