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N Z Metro T C 9 November 2010 – R 10

ID: JCA16134

Applicant:
Mr N Escott, Chief Stipendiary Steward

Respondent(s):
Mr M Purdon, Open Horseman

Information Number:
69256

Hearing Type:
Hearing

Rules:
869(4) and (6)(b) and (c)

Plea:
admitted

Meet Title:
NZ Metro TC - 9 November 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2010/11/09

Race Number:
R 10

Decision:

As Mr Purdon had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr Purdon was fined the sum of $400-00.

Charge:

Breach of "push out" rule

Facts:

Following the running of Race 10, the New Zealand Trotting Cup, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr M. Purdon alleging a breach of Rule 869(4) and (6)(b) and (c), the “push out” Rule.
 
The charge reads as follows.
 
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b) and (c) in that M. Purdon (Sleepy Tripp) shifted from the one out line to the three wide line with approx. 1050m to run forcing Monkey King to race wider on the track.”
 
Rules 869(4), (6)(b) and (c) relating to the “push out” rule reads as follows.
 
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
 
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
 
Mr Purdon had indicated on the Information that this breach of the Rules was admitted.  He also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Stipendiary Steward Mrs Williams gave evidence and used video coverage to show this incident, the details of which are as set out in the Information.

In explanation Mr Purdon said that the incident occurred very close to the 1000 metre mark, and that the markers for this distance were hard to see. Mr Purdon also said that at the time he thought that he was inside the 1000 metre mark.

Reasons for Decision:

.

Submissions for Penalty:

In relation to penalty Mr Escott advised that Mr Purdon had no relevant previous convictions, and as he had admitted the breach submitted that a fine of $400-00 to $450-00 would be appropriate in this case. It was also relevant that this breach occurred in the New Zealand Cup, which was a Group 1, $750,000-00 race. It was also established that the Penalty Guide recommends a starting point for a fine in this case of $750-00.
 
Mr Purdon made submissions that this breach occurred close to the 1000 metre mark, and that he had made a misjudgement. He considered that the fine recommended was a bit excessive.

Reasons for Penalty:

We were satisfied that a fine in the region submitted by Mr Escott was appropriate. We took into account that Mr Purdon has not previously breached this Rule and that it was admitted. We also took into account that this was a Group 1 race. We decided that a fine of $400-00 would be appropriate in this case, and on resuming the hearing we advised the parties of our decision.

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: c18510403f7e5e1ceaec66c7c70da9c7

informantnumber: 69256

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 16/11/2010

hearing_title: N Z Metro T C 9 November 2010 - R 10

charge:

Breach of "push out" rule

facts:

Following the running of Race 10, the New Zealand Trotting Cup, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr M. Purdon alleging a breach of Rule 869(4) and (6)(b) and (c), the “push out” Rule.
 
The charge reads as follows.
 
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b) and (c) in that M. Purdon (Sleepy Tripp) shifted from the one out line to the three wide line with approx. 1050m to run forcing Monkey King to race wider on the track.”
 
Rules 869(4), (6)(b) and (c) relating to the “push out” rule reads as follows.
 
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
 
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
 
Mr Purdon had indicated on the Information that this breach of the Rules was admitted.  He also agreed that he understood the charge and the Rule it was brought under.

appealdecision:

isappeal:

submissionsfordecision:

Stipendiary Steward Mrs Williams gave evidence and used video coverage to show this incident, the details of which are as set out in the Information.

In explanation Mr Purdon said that the incident occurred very close to the 1000 metre mark, and that the markers for this distance were hard to see. Mr Purdon also said that at the time he thought that he was inside the 1000 metre mark.

reasonsfordecision:

.

Decision:

As Mr Purdon had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

sumissionsforpenalty:

In relation to penalty Mr Escott advised that Mr Purdon had no relevant previous convictions, and as he had admitted the breach submitted that a fine of $400-00 to $450-00 would be appropriate in this case. It was also relevant that this breach occurred in the New Zealand Cup, which was a Group 1, $750,000-00 race. It was also established that the Penalty Guide recommends a starting point for a fine in this case of $750-00.
 
Mr Purdon made submissions that this breach occurred close to the 1000 metre mark, and that he had made a misjudgement. He considered that the fine recommended was a bit excessive.

reasonsforpenalty:

We were satisfied that a fine in the region submitted by Mr Escott was appropriate. We took into account that Mr Purdon has not previously breached this Rule and that it was admitted. We also took into account that this was a Group 1 race. We decided that a fine of $400-00 would be appropriate in this case, and on resuming the hearing we advised the parties of our decision.

penalty:

Accordingly Mr Purdon was fined the sum of $400-00.

hearing_type: Hearing

Rules: 869(4) and (6)(b) and (c)

Informant: Mr N Escott, Chief Stipendiary Steward

JockeysandTrainer: Mr M Purdon, Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 81e5f240afa4d859cc518b8d5f647832

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 10

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 7636e62d57f70b624d41997f8ab2ceb8

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 09/11/2010

meet_title: NZ Metro TC - 9 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: none

name: NZ Metro TC