Banks Peninsula TC 1 October 2017 – R 5 – Chair, Mr R McKenzie
ID: JCA13697
Meet Title:
Banks Peninsula TC - 1 October 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/10/01
Race Number:
R5
Decision:
Mr Purdon having admitted the charge, the charge was found proved.
Penalty:
Mr Purdon was fined the sum of $300.
Facts:
Following the running of Race 5, Advanced Joinery Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Mr N Purdon, alleging that, as the driver of BETTOR THAN THAT in the race, he “used his whip excessively inside the final 400 metres”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He further indicated that he did not wish to be present at the hearing. Mr Wallis informed the Committee that Mr Purdon had been offered the opportunity to have the assistance of a senior horseman but he declined.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Those Guidelines further provide that “use of the whip” is “free of the rein”.
Mr Wallis showed a video replay of the final 400 metres of the race. He pointed out BETTOR THAN THAT, driven by Mr Purdon, improving 3-wide outside the leaders as the field turned into the final straight. Mr Purdon then activated the removable deafeners and, from that point, used his whip on 13 occasions, all free of the rein. Mr Purdon accepted the count of 13 strikes, Mr Wallis said.
Submissions for Penalty:
Mr Wallis said that Mr Purdon is a Junior Driver. Last season, he had 99 drives and this season, to date, had driven in 9 races. His record is clear in the last 6 months – his most recent breach was in January this year at Timaru. However, the six months’ reset period applies, Mr Wallis said, and this breach should be treated as a “first offence”.
Mr Wallis referred to the Penalty Guide starting point of a $500 fine. He submitted that a fine of $300 was appropriate, having regard to Mr Purdon’s record and his admission of the breach.
Reasons for Penalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $500 fine. The breach was mid-range and no adjustment was necessary to that starting point. Mitigating factors were Mr Purdon’s admission of the breach and his record which has been “reset” since the breach in January of this year. We have allowed a discount of $200 for a combination of those two factors.
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: 5a18a0410f46d482b8930ae2fdfc3976
informantnumber: A09582
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Ezcessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2017
hearing_title: Banks Peninsula TC 1 October 2017 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Advanced Joinery Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Mr N Purdon, alleging that, as the driver of BETTOR THAN THAT in the race, he “used his whip excessively inside the final 400 metres”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He further indicated that he did not wish to be present at the hearing. Mr Wallis informed the Committee that Mr Purdon had been offered the opportunity to have the assistance of a senior horseman but he declined.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Those Guidelines further provide that “use of the whip” is “free of the rein”.
Mr Wallis showed a video replay of the final 400 metres of the race. He pointed out BETTOR THAN THAT, driven by Mr Purdon, improving 3-wide outside the leaders as the field turned into the final straight. Mr Purdon then activated the removable deafeners and, from that point, used his whip on 13 occasions, all free of the rein. Mr Purdon accepted the count of 13 strikes, Mr Wallis said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Wallis said that Mr Purdon is a Junior Driver. Last season, he had 99 drives and this season, to date, had driven in 9 races. His record is clear in the last 6 months – his most recent breach was in January this year at Timaru. However, the six months’ reset period applies, Mr Wallis said, and this breach should be treated as a “first offence”.
Mr Wallis referred to the Penalty Guide starting point of a $500 fine. He submitted that a fine of $300 was appropriate, having regard to Mr Purdon’s record and his admission of the breach.
reasonsforpenalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $500 fine. The breach was mid-range and no adjustment was necessary to that starting point. Mitigating factors were Mr Purdon’s admission of the breach and his record which has been “reset” since the breach in January of this year. We have allowed a discount of $200 for a combination of those two factors.
penalty:
Mr Purdon was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S W Wallis, Stipendiary Steward
JockeysandTrainer: N Purdon, Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 232d5a9825c6e59967dae40bca8698c0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f443f19994374dbdd5d1f8a4089887d4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/10/2017
meet_title: Banks Peninsula TC - 1 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC