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Hororata TC 21 February 2014 – R 9

ID: JCA11263

Applicant:
S W Wallis, Stipendiary Steward

Respondent(s):
M Purdon & N C Rasmussen, Licensed Public Trainers

Information Number:
A2449

Hearing Type:
Hearing

New Charge:
Scratching horse after right of re-entry time

Rules:
834(2)(a)

Plea:
admitted

Meet Title:
Hororata TC - 21 February 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/02/21

Race Number:
R9

Decision:

Mr Purdon having admitted the charge, the charge was found proved.

Penalty:

The Purdon Rasmussen partnership was fined the sum of $250. 

Facts:

Information No. A2449 was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Public Trainers (Partnership), M Purdon and N C Rasmussen, alleging a breach of Rule 834 (2) (a) in that Mr Purdon & Ms Rasmussen, as the trainers of MACH OF THE MAN, an acceptor for Race 9, Zelam Pace, they “late scratched that horse which in turn denied first emergency, RIVERBOAT PRINCESS, a start in the event”.

Mr Purdon had signed the Statement by the Respondent on the information form on behalf of the partnership indicating that they admitted the breach of the Rule. Mr Purdon was present at the hearing and he confirmed that the breach was admitted.

Rule 834 provides as follows:

(2) (a) After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of the circumstances shall be given to the Stipendiary Stewards in writing.

Mr Purdon, when asked by the Committee for his explanation for the late scratching of the horse, said that he had received a telephone call from a trainer in Invercargill on Wednesday, 19 February, saying he had someone interested in purchasing the horse. Mr Purdon said that he was busy at the Yearling Sales at the time, so he put that trainer on to the owner. He did not hear that the horse had later been sold. On the Thursday afternoon, the matter did not cross his mind, he said, until after the scratching deadline time.

Mr Wallis told the Committee that the time for notification of scratchings was 5.00pm on Thursday, 20 February. Mr Purdon had notified the scratching of MACH OF THE MAN just after 7.00pm on that date.

Mr Purdon said that, unbeknown to him, Interisland Horse Transport had picked the horse up from his property on Thursday morning. He added that he thought that the scratching time for the meeting was 7.00am on Friday. 

Submissions for Penalty:

Mr Wallis told the Committee that Mr Purdon and Ms Rasmussen had a clear record under the Rule. He said that the starting point for penalty under the Penalty Guide is a fine of $400. Mr Purdon had been “frank and forthright and professional” with the Stewards during their investigation into the late scratching of the horse.

Mr Wallis referred to a recent breach of the Rule in Auckland in which the trainer was fined the sum of $350. However, he said, that breach was a deliberate one by the trainer concerned.

Mr Wallis submitted that a fine of between $200 and $300 was an appropriate penalty in this case.

Reasons for Penalty:

The Committee accepted that this was not a deliberate act by Mr Purdon but, rather, the breach was the result of a lack of communication.

The Committee noted the starting point of a $400 fine in the Penalty Guide. The partnership was entitled to a discount for their admission of the breach and their clear record under the Rule.

An aggravating factor was that the balloted runner, RIVERBOAT PRINCESS, was denied a start in the race as a result of the late scratching of MACH OF THE MAN.

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: 1a5515f79951238686a1ed354e8b6335


informantnumber: A2449


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Scratching horse after right of re-entry time


plea: admitted


penaltyrequired: 1


decisiondate: 23/02/2014


hearing_title: Hororata TC 21 February 2014 - R 9


charge:


facts:

Information No. A2449 was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Public Trainers (Partnership), M Purdon and N C Rasmussen, alleging a breach of Rule 834 (2) (a) in that Mr Purdon & Ms Rasmussen, as the trainers of MACH OF THE MAN, an acceptor for Race 9, Zelam Pace, they “late scratched that horse which in turn denied first emergency, RIVERBOAT PRINCESS, a start in the event”.

Mr Purdon had signed the Statement by the Respondent on the information form on behalf of the partnership indicating that they admitted the breach of the Rule. Mr Purdon was present at the hearing and he confirmed that the breach was admitted.

Rule 834 provides as follows:

(2) (a) After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of the circumstances shall be given to the Stipendiary Stewards in writing.

Mr Purdon, when asked by the Committee for his explanation for the late scratching of the horse, said that he had received a telephone call from a trainer in Invercargill on Wednesday, 19 February, saying he had someone interested in purchasing the horse. Mr Purdon said that he was busy at the Yearling Sales at the time, so he put that trainer on to the owner. He did not hear that the horse had later been sold. On the Thursday afternoon, the matter did not cross his mind, he said, until after the scratching deadline time.

Mr Wallis told the Committee that the time for notification of scratchings was 5.00pm on Thursday, 20 February. Mr Purdon had notified the scratching of MACH OF THE MAN just after 7.00pm on that date.

Mr Purdon said that, unbeknown to him, Interisland Horse Transport had picked the horse up from his property on Thursday morning. He added that he thought that the scratching time for the meeting was 7.00am on Friday. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Purdon having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Wallis told the Committee that Mr Purdon and Ms Rasmussen had a clear record under the Rule. He said that the starting point for penalty under the Penalty Guide is a fine of $400. Mr Purdon had been “frank and forthright and professional” with the Stewards during their investigation into the late scratching of the horse.

Mr Wallis referred to a recent breach of the Rule in Auckland in which the trainer was fined the sum of $350. However, he said, that breach was a deliberate one by the trainer concerned.

Mr Wallis submitted that a fine of between $200 and $300 was an appropriate penalty in this case.


reasonsforpenalty:

The Committee accepted that this was not a deliberate act by Mr Purdon but, rather, the breach was the result of a lack of communication.

The Committee noted the starting point of a $400 fine in the Penalty Guide. The partnership was entitled to a discount for their admission of the breach and their clear record under the Rule.

An aggravating factor was that the balloted runner, RIVERBOAT PRINCESS, was denied a start in the race as a result of the late scratching of MACH OF THE MAN.


penalty:

The Purdon Rasmussen partnership was fined the sum of $250. 


hearing_type: Hearing


Rules: 834(2)(a)


Informant: S W Wallis, Stipendiary Steward


JockeysandTrainer: M Purdon & N C Rasmussen, Licensed Public Trainers


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0fe49586b0ac5f34824aff9f12878171


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: 64c09857a598b99f7ae36d49db7003bb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/02/2014


meet_title: Hororata TC - 21 February 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hororata-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Hororata TC