Archive Decision

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Auckland TC 16 December 2011 – R 8

ID: JCA14388

Applicant:
Mr B J Van Kan - Stipendiary Steward

Respondent(s):
Messrs M Purdon and G Payne - Licensed Trainers

Other Person:
Mr N G McIntyre - Stipendiary Steward

Information Number:
69171

Hearing Type:
Hearing

Rules:
865(2)

Plea:
admitted

Meet Title:
Auckland TC - 16 December 2011

Meet Chair:
BScott

Meet Committee Member 1:
JHolloway

Race Date:
2011/12/16

Race Number:
R 8

Decision:

The charge, having been admitted, is accordingly proved.

Penalty:

The Committee imposes a fine of $300 on the Purdon/Payne Training Partnership.

Charge:

Breach of Rule 865(2) - Gear Notification.

Facts:

An Information was lodged by Stipendiary Steward, Mr B J Van Kan, against Licensed Trainers, Messrs M Purdon and G Payne, alleging that they presented O BABY without the notified sliding blinds.

Mr Purdon advised this Committee that he did admit the breach and he was present at the Hearing.

Mr McIntyre represented the Stewards at the Hearing, and he said that although the Purdon/ Payne Training Partnership had been in breach of this Rule two weeks ago, that by the calculation of time, two previous offences under the Rule were not taken into account, but that there were still five breaches in the past twelve months.

Mr Purdon, for his part, said that Ms Rasmussen, as the Driver of O BABY, had said at the previous start, that she would like to race the horse without sliding blinds.

He said that his Training Partnership races a lot of horses and that it had two in a prior race and three in this particular race. He said that the horses had come in on two floats and it was difficult to keep track of all the gear. He also said that he had gone out to the race with his horse before O BABY was presented into the Assembly Area.

Submissions for Penalty:

Mr McIntyre pointed to previous fines imposed on the Purdon/ Payne Training Partnership and said that he would leave the quantum of fine up to the Committee.

Mr Purdon, for his part, said that the level of fines for this type of offence were excessive.

Reasons for Penalty:

The Committee can only look at the Purdon/Payne record and look at the fact that the Partnership committed a breach of this Rule only two weeks ago.

The Committee takes note of all the submissions made by Mr Purdon, but has also pointed out to Mr Purdon, that there are other stables who have multiple runners and those stables seem to be able to deal with Gear Notifications.

A fine of $300 was imposed upon Purdon/Payne Training Partnership two weeks ago and the Committee does not believe that it would be appropriate for any further fine to be less than that.

The Committee is concerned about the number of breaches of this Rule by the Purdon/Payne Partnership but believes that a fine of $300 is appropriate.

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: 7d150373a75e3ad3607c901cc1301086


informantnumber: 69171


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/12/2011


hearing_title: Auckland TC 16 December 2011 - R 8


charge:

Breach of Rule 865(2) - Gear Notification.


facts:

An Information was lodged by Stipendiary Steward, Mr B J Van Kan, against Licensed Trainers, Messrs M Purdon and G Payne, alleging that they presented O BABY without the notified sliding blinds.

Mr Purdon advised this Committee that he did admit the breach and he was present at the Hearing.

Mr McIntyre represented the Stewards at the Hearing, and he said that although the Purdon/ Payne Training Partnership had been in breach of this Rule two weeks ago, that by the calculation of time, two previous offences under the Rule were not taken into account, but that there were still five breaches in the past twelve months.

Mr Purdon, for his part, said that Ms Rasmussen, as the Driver of O BABY, had said at the previous start, that she would like to race the horse without sliding blinds.

He said that his Training Partnership races a lot of horses and that it had two in a prior race and three in this particular race. He said that the horses had come in on two floats and it was difficult to keep track of all the gear. He also said that he had gone out to the race with his horse before O BABY was presented into the Assembly Area.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge, having been admitted, is accordingly proved.


sumissionsforpenalty:

Mr McIntyre pointed to previous fines imposed on the Purdon/ Payne Training Partnership and said that he would leave the quantum of fine up to the Committee.

Mr Purdon, for his part, said that the level of fines for this type of offence were excessive.


reasonsforpenalty:

The Committee can only look at the Purdon/Payne record and look at the fact that the Partnership committed a breach of this Rule only two weeks ago.

The Committee takes note of all the submissions made by Mr Purdon, but has also pointed out to Mr Purdon, that there are other stables who have multiple runners and those stables seem to be able to deal with Gear Notifications.

A fine of $300 was imposed upon Purdon/Payne Training Partnership two weeks ago and the Committee does not believe that it would be appropriate for any further fine to be less than that.

The Committee is concerned about the number of breaches of this Rule by the Purdon/Payne Partnership but believes that a fine of $300 is appropriate.


penalty:

The Committee imposes a fine of $300 on the Purdon/Payne Training Partnership.


hearing_type: Hearing


Rules: 865(2)


Informant: Mr B J Van Kan - Stipendiary Steward


JockeysandTrainer: Messrs M Purdon and G Payne - Licensed Trainers


Otherperson: Mr N G McIntyre - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e097235d44ac60c5db7505cf770a257b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e0a5fc5e79990b6e0d5f528759f7b630


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/12/2011


meet_title: Auckland TC - 16 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: JHolloway


meet_pm2: none


name: Auckland TC