Auckland TC 5 May 2017 – R 3 – Chair, Mr B Scott
ID: JCA18237
Meet Title:
Auckland TC - 5 May 2017
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2017/05/05
Race Number:
R3
Decision:
The breach is admitted and accordingly the charge is upheld.
Penalty:
The Committee imposes a fine of $200.00 on Mr Purdon.
Facts:
After the running of the Dunstan Horse Feeds Mobile Trot, Mr J M Muirhead, Stipendiary Steward lodged an information against Mr B Purdon pursuant to Rule 865(2) alleging that Mr Purdon presented BILLY AT SALSA to race with half hopples which were not notified.
Rule 865(2) provides:
“Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
Sub-rule (1) provides the Trainer or person in control of the horse shall give notice, in the manner prescribed in the Approved Gear Regulations of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline to the notification of drivers at the race meeting at which the horse is entered.”
Mr Z Butcher driver of BILLY AT SALSA and Stable Representative admitted the breach on behalf of Mr Purdon.
Mr Muirhead advised that BILLY AT SALSA had raced with half hopples which had not been notified. He also said that this was Mr Purdon’s third breach of this rule in a period of two months and it was for that reason that the matter proceeded by way of an information and not by Minor Infringement Notice. This was pursuant to Rule 1110(4)(a).
Mr Butcher said that it was an honest mistake. He said that they are a busy stable and have a lot of starters at present, not only at Alexandra Park but also at Addington and in Australia.
He said that they had only recently received the half hopples and he did not know that they were notifiable.
Submissions for Penalty:
Mr Muirhead said that half hopples were an important change of gear for a trotter. He said that this was Mr Purdon’s third breach of this rule within a period of two months. He said that this matter would normally be dealt with by way of a Minor Infringement Notice attracting a fine of $100.00 but because this was Mr Purdon’s third breach within a period of two months there should be a considerable uplift on that.
Mr Butcher reiterated that this was an honest mistake but he has admitted the breach and that they would accept any penalty given.
Reasons for Penalty:
The committee listened to both parties. We understand that half hopples are an important gear change for a trotter and it would seem from Mr Butcher’s evidence that they were especially obtained for BILLY AT SALSA. It is very clear that this gear change should have been notified.
We also note Mr Butcher’s advice about the stable having horses racing at different tracks. This is all the more reason to have proper systems in place in respect to gear.
We believe that in this instance a fine of $200.00 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: ff6270b7ef4f710a07b1503c57c1c39c
informantnumber: A9108
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failure to Notify Gear
plea: admitted
penaltyrequired: 1
decisiondate: 11/05/2017
hearing_title: Auckland TC 5 May 2017 - R 3 - Chair, Mr B Scott
charge:
facts:
After the running of the Dunstan Horse Feeds Mobile Trot, Mr J M Muirhead, Stipendiary Steward lodged an information against Mr B Purdon pursuant to Rule 865(2) alleging that Mr Purdon presented BILLY AT SALSA to race with half hopples which were not notified.
Rule 865(2) provides:
“Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).
Sub-rule (1) provides the Trainer or person in control of the horse shall give notice, in the manner prescribed in the Approved Gear Regulations of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline to the notification of drivers at the race meeting at which the horse is entered.”
Mr Z Butcher driver of BILLY AT SALSA and Stable Representative admitted the breach on behalf of Mr Purdon.
Mr Muirhead advised that BILLY AT SALSA had raced with half hopples which had not been notified. He also said that this was Mr Purdon’s third breach of this rule in a period of two months and it was for that reason that the matter proceeded by way of an information and not by Minor Infringement Notice. This was pursuant to Rule 1110(4)(a).
Mr Butcher said that it was an honest mistake. He said that they are a busy stable and have a lot of starters at present, not only at Alexandra Park but also at Addington and in Australia.
He said that they had only recently received the half hopples and he did not know that they were notifiable.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is upheld.
sumissionsforpenalty:
Mr Muirhead said that half hopples were an important change of gear for a trotter. He said that this was Mr Purdon’s third breach of this rule within a period of two months. He said that this matter would normally be dealt with by way of a Minor Infringement Notice attracting a fine of $100.00 but because this was Mr Purdon’s third breach within a period of two months there should be a considerable uplift on that.
Mr Butcher reiterated that this was an honest mistake but he has admitted the breach and that they would accept any penalty given.
reasonsforpenalty:
The committee listened to both parties. We understand that half hopples are an important gear change for a trotter and it would seem from Mr Butcher’s evidence that they were especially obtained for BILLY AT SALSA. It is very clear that this gear change should have been notified.
We also note Mr Butcher’s advice about the stable having horses racing at different tracks. This is all the more reason to have proper systems in place in respect to gear.
We believe that in this instance a fine of $200.00 is appropriate.
penalty:
The Committee imposes a fine of $200.00 on Mr Purdon.
hearing_type: Hearing
Rules: 865(2)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr B Purdon - Licensed Trainer, Mr Z Butcher - Driver of BILLY AT SALSA and Stable Representative
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a1bf2e1b33f7d7a8160ee513b210a174
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 327797fa2064293514de8a470277f8c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2017
meet_title: Auckland TC - 5 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC