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Nelson HRC 6 June 2014 – R 1

ID: JCA10732

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
M Purvis - Junior Horseman

Information Number:
A6703

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Nelson HRC - 6 June 2014

Meet Chair:
TUtikere

Meet Committee Member 1:
PWilliams

Race Date:
2014/06/06

Race Number:
R1

Decision:

As the charge was admitted, the committee found the charge proved.

Penalty:

Mr Purvis' Junior Horseman's Licence is suspended from the close of racing on Friday 6 June until the close of racing on Friday 13 June. The 3 day suspension incorporates the Nelson (8th), Forbury Park (12th) and Addington (13th) meetings. 

Facts:

Following the running of Race 1 (TIM TRATHEN & RODGER AUSTIN FARRIERS TROT 2400m), Junior Horseman M Purvis was charged with careless driving under Rule 869(3)(b). The Information stated: "That near the 1900m M Purvis permitted I'VE GOT THIS to strike the sulky of MISTRESS CASTLETON which resulted in I'VE GOT THIS breaking and losing ground. Mr Purvis advised the committee that he had been assisted by Senior Horseman J Dunn prior to the hearing, and that he was confident he did not require any further assistance during the hearing. Mr Ydgren confirmed that Mr Dunn had assisted the respondent and that they were also comfortable with Mr Purvis representing himself during the hearing.

Mr Purvis confirmed that he understood Rule 869(3)(b) and that he admitted the breach.

Using the available films, Mr Ydgren identified MISTRESS CASTLETON (K Adams) and IZINTHEZONE (K Cameron) both breaking near the 1900m. Both were racing some 15 metres ahead of I'VE GOT THIS (M Purvis) shortly after the start. I'VE GOT THIS was slow to start, with the gelding trotting indifferently, but then he rapidly made ground and collided with the back of Ms Adams' sulky. Mr Ydgren used the films to identify the pylons placed at 10 metre distances, and believed that Mr Purvis was approximately 15 metres in arrears of Ms Adams and that there was sufficient time for him to avoid her sulky. Mr Ydgren believed Mr Purvis had tried to navigate a run between the two runners (MISTRESS CASTLETON and IZINTHEZONE), but the better option would have been to restrain his drive and angle outwards; instead he had continued to travel at a far greater rate.

Mr Purvis indicated that the incident was due to a lack of judgement on his part. He thought Mr Cameron would go to the outside to allow him to go between both runners, but this did not eventuate. He had nothing further to add. 

Submissions for Penalty:

Mr Ydgren submitted that Mr Purvis had a clear record and this was his first breach of any rule of harness racing. He was a junior driver who had 88 lifetime drives thus far with 3 winners. He acknowledged the JCA Penalty Guidelines starting point as a fine of $400 or an 8 drive suspension. The stewards submitted the offending sat within the mid-range and submitted a fine of $250 or a 3 day suspension as appropriate.

Mr Purvis asked the committee to take into consideration that this was his first offence and submitted a preference for a suspension rather than fine due to his current financial capacity. He advised that he was based in Christchurch and could commence a period of suspension immediately. Mr Ydgren had no objection to any period of suspension commencing immediately as drivers for the second day of the Nelson HRC meeting had not yet been declared.

Reasons for Penalty:

The committee considered all of the submissions placed before it. It is clear that Mr Purvis' momentary lapse of judgement could have resulted in more severe consequences as a result of colliding with the sulky of a horse racing directly in front of him. It is fortunate that no other horses were significantly affected as a result of his actions. The committee assess the level of carelessness to be at the mid-range. In mitigation we considered Mr Purvis' early admission of the breach and his very good record; this being his first breach of any harness racing rule. Mr Purvis is also a junior horseman of some inexperience, although he has had some exposure to race day driving. The committee determined that a 3 day period of suspension was an appropriate penalty to impose on this occasion.

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: 006ef84e02fa201967cbdd327d904365


informantnumber: A6703


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 05/06/2014


hearing_title: Nelson HRC 6 June 2014 - R 1


charge:


facts:

Following the running of Race 1 (TIM TRATHEN & RODGER AUSTIN FARRIERS TROT 2400m), Junior Horseman M Purvis was charged with careless driving under Rule 869(3)(b). The Information stated: "That near the 1900m M Purvis permitted I'VE GOT THIS to strike the sulky of MISTRESS CASTLETON which resulted in I'VE GOT THIS breaking and losing ground. Mr Purvis advised the committee that he had been assisted by Senior Horseman J Dunn prior to the hearing, and that he was confident he did not require any further assistance during the hearing. Mr Ydgren confirmed that Mr Dunn had assisted the respondent and that they were also comfortable with Mr Purvis representing himself during the hearing.

Mr Purvis confirmed that he understood Rule 869(3)(b) and that he admitted the breach.

Using the available films, Mr Ydgren identified MISTRESS CASTLETON (K Adams) and IZINTHEZONE (K Cameron) both breaking near the 1900m. Both were racing some 15 metres ahead of I'VE GOT THIS (M Purvis) shortly after the start. I'VE GOT THIS was slow to start, with the gelding trotting indifferently, but then he rapidly made ground and collided with the back of Ms Adams' sulky. Mr Ydgren used the films to identify the pylons placed at 10 metre distances, and believed that Mr Purvis was approximately 15 metres in arrears of Ms Adams and that there was sufficient time for him to avoid her sulky. Mr Ydgren believed Mr Purvis had tried to navigate a run between the two runners (MISTRESS CASTLETON and IZINTHEZONE), but the better option would have been to restrain his drive and angle outwards; instead he had continued to travel at a far greater rate.

Mr Purvis indicated that the incident was due to a lack of judgement on his part. He thought Mr Cameron would go to the outside to allow him to go between both runners, but this did not eventuate. He had nothing further to add. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee found the charge proved.


sumissionsforpenalty:

Mr Ydgren submitted that Mr Purvis had a clear record and this was his first breach of any rule of harness racing. He was a junior driver who had 88 lifetime drives thus far with 3 winners. He acknowledged the JCA Penalty Guidelines starting point as a fine of $400 or an 8 drive suspension. The stewards submitted the offending sat within the mid-range and submitted a fine of $250 or a 3 day suspension as appropriate.

Mr Purvis asked the committee to take into consideration that this was his first offence and submitted a preference for a suspension rather than fine due to his current financial capacity. He advised that he was based in Christchurch and could commence a period of suspension immediately. Mr Ydgren had no objection to any period of suspension commencing immediately as drivers for the second day of the Nelson HRC meeting had not yet been declared.


reasonsforpenalty:

The committee considered all of the submissions placed before it. It is clear that Mr Purvis' momentary lapse of judgement could have resulted in more severe consequences as a result of colliding with the sulky of a horse racing directly in front of him. It is fortunate that no other horses were significantly affected as a result of his actions. The committee assess the level of carelessness to be at the mid-range. In mitigation we considered Mr Purvis' early admission of the breach and his very good record; this being his first breach of any harness racing rule. Mr Purvis is also a junior horseman of some inexperience, although he has had some exposure to race day driving. The committee determined that a 3 day period of suspension was an appropriate penalty to impose on this occasion.


penalty:

Mr Purvis' Junior Horseman's Licence is suspended from the close of racing on Friday 6 June until the close of racing on Friday 13 June. The 3 day suspension incorporates the Nelson (8th), Forbury Park (12th) and Addington (13th) meetings. 


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: M Purvis - Junior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a998ef3132c541a0773de9e5f5393a83


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c7af7bcb7d3f5797fe5042c15be96bf9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/06/2014


meet_title: Nelson HRC - 6 June 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: PWilliams


meet_pm2: none


name: Nelson HRC