Auckland TC 27 April 2018 – R 9 – Chair, Mr G Jones
ID: JCA12360
Meet Title:
Auckland TC - 27 April 2018
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2018/04/27
Race Number:
R9
Decision:
As Mr Purdon admitted the breach of the rule it was found to be proved.
Penalty:
Mr Purdon was fined the sum of $200.
Facts:
Following the running of Race 9, the VINCENT NEW FOR ALABAR & NEVELE R STUD 2018 MOBILE PACE 2200m, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 864(2)(d) by Trainer, Mr B Purdon. The Information alleged that Mr Purdon “failed to affix the centre hopple carrier strap on CHRISTIAN WHO so as not to come adrift”.
Mr Purdon signed and endorsed the Information”I do admit the breach of the rule and I do not wish to be present at the hearing”.
Rule 864(2)(d) provides that: “Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that…all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
Mr Ydgren advised the Committee that a breach of this rule would ordinarily be dealt via the Minor Infringement Regulations (as set out in Schedule 4), but as a result of the particular circumstances of this breach Stewards deemed it appropriate the matter be dealt with by filing an Information in accordance with Rule 1110(4)(c). This rule provides that the Judicial Committee shall determine the sanction for the breach if “a Stipendiary Steward or Racecourse Inspector considers the circumstances of the breach are such that a different sanction than specified in the Minor Infringement Regulations is warranted”.
Mr Ydgen used available video footage to support his summary of the incident. He said as the field approached the 900-metre mark CHRISTIAN WHO was racing one out vying for second place when the centre hopple strap broke. As a result CHRISTIAN WHO went off stride and drifted back through the field. He said that the progress of several of the trailing horses was affected as a consequence of interference.
As Mr Purdon elected to not present at the hearing we are not aware of the reasons for the gear coming adrift.
Submissions for Penalty:
Mr Ydgren submitted that had this matter been dealt with pursuant to the Minor Infringement Notice (MIN) provisions, Mr Purdon would have been liable to a fixed penalty fine of $100, as prescribed by the HRNZ MIN Schedule. He said the circumstances of this case merit a penalty uplift due to the impact the breach had on other runners. Notably, BOPPER JET was checked and broke and the chances of several other runners were affected to varying degrees. He added that CHRISTIAN WHO was the warm favourite for the race.
Mr Ydgren submitted that previous breaches of this rule which have been dealt with by way of filing an information have resulted in a fine in the vicinity of $150. He left the determination of an appropriate fine for the Committee to consider.
There were no submissions as to penalty provided on behalf of Mr Purdon.
Reasons for Penalty:
In consideration of penalty the Committee took into account the submissions and video film evidence. We considered it relevant that, as a result of the gear coming adrift, not only were the chances of CHRISTIAN WHO extinguished, but so too were the chances of several other runners. Punters who invested on CHRISTIAN WHO and the other affected horses were effectively denied a fair run for their money. We treat these as an aggravating factor. We have also had due regard for Mr Purdon’s admission of the breach; but when all factors are considered we deemed a penalty uplift from the prescribed $100 MIN Schedule as being necessary and appropriate in the circumstances.
According we impose a $200 fine.
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: 532318086f07f782d90e283fcc55087f
informantnumber: A10706
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to affix gear correctly
plea: admitted
penaltyrequired: 1
decisiondate: 29/04/2018
hearing_title: Auckland TC 27 April 2018 - R 9 - Chair, Mr G Jones
charge:
facts:
Following the running of Race 9, the VINCENT NEW FOR ALABAR & NEVELE R STUD 2018 MOBILE PACE 2200m, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 864(2)(d) by Trainer, Mr B Purdon. The Information alleged that Mr Purdon “failed to affix the centre hopple carrier strap on CHRISTIAN WHO so as not to come adrift”.
Mr Purdon signed and endorsed the Information”I do admit the breach of the rule and I do not wish to be present at the hearing”.
Rule 864(2)(d) provides that: “Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that…all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.
Mr Ydgren advised the Committee that a breach of this rule would ordinarily be dealt via the Minor Infringement Regulations (as set out in Schedule 4), but as a result of the particular circumstances of this breach Stewards deemed it appropriate the matter be dealt with by filing an Information in accordance with Rule 1110(4)(c). This rule provides that the Judicial Committee shall determine the sanction for the breach if “a Stipendiary Steward or Racecourse Inspector considers the circumstances of the breach are such that a different sanction than specified in the Minor Infringement Regulations is warranted”.
Mr Ydgen used available video footage to support his summary of the incident. He said as the field approached the 900-metre mark CHRISTIAN WHO was racing one out vying for second place when the centre hopple strap broke. As a result CHRISTIAN WHO went off stride and drifted back through the field. He said that the progress of several of the trailing horses was affected as a consequence of interference.
As Mr Purdon elected to not present at the hearing we are not aware of the reasons for the gear coming adrift.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Purdon admitted the breach of the rule it was found to be proved.
sumissionsforpenalty:
Mr Ydgren submitted that had this matter been dealt with pursuant to the Minor Infringement Notice (MIN) provisions, Mr Purdon would have been liable to a fixed penalty fine of $100, as prescribed by the HRNZ MIN Schedule. He said the circumstances of this case merit a penalty uplift due to the impact the breach had on other runners. Notably, BOPPER JET was checked and broke and the chances of several other runners were affected to varying degrees. He added that CHRISTIAN WHO was the warm favourite for the race.
Mr Ydgren submitted that previous breaches of this rule which have been dealt with by way of filing an information have resulted in a fine in the vicinity of $150. He left the determination of an appropriate fine for the Committee to consider.
There were no submissions as to penalty provided on behalf of Mr Purdon.
reasonsforpenalty:
In consideration of penalty the Committee took into account the submissions and video film evidence. We considered it relevant that, as a result of the gear coming adrift, not only were the chances of CHRISTIAN WHO extinguished, but so too were the chances of several other runners. Punters who invested on CHRISTIAN WHO and the other affected horses were effectively denied a fair run for their money. We treat these as an aggravating factor. We have also had due regard for Mr Purdon’s admission of the breach; but when all factors are considered we deemed a penalty uplift from the prescribed $100 MIN Schedule as being necessary and appropriate in the circumstances.
According we impose a $200 fine.
penalty:
Mr Purdon was fined the sum of $200.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Purdon - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4158260a430224b64d013483ed0c82a9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4ad743e48b2e2ffd166030a8aba9279b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/04/2018
meet_title: Auckland TC - 27 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC