Non Raceday Inquiry RIU v N Purdon – NZ Metro TC 28 July 2017 – R 6 (heard 24 August 2017 at Addington) Chair, Mr R G McKenzie

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decisiondate: 28/08/2017

hearing_title: Non Raceday Inquiry RIU v N Purdon - NZ Metro TC 28 July 2017 - R 6 (heard 24 August 2017 at Addington) Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N M Ydgren, Chief Stipendiary Steward

Respondent: Mr N Purdon, Licensed Junior Driver

Information No: A5524

Meeting: New Zealand Metropolitan Trotting Club

Date: 28 July 2017 (heard 24 August 2017 at Addington)

Venue: Addington Raceway, Addington

Race: 6

Rule No: 869 (7A) (c)

Judicial Committee: Mr RG McKenzie, Chairman – Mr DJ Anderson, Committee Member

FACTS:

Information No. A5524 was filed by Chief Stipendiary Steward, Mr NM Ydgren against Licensed Junior Driver, Mr N Purdon, alleging that Mr Purdon, as the driver of ALPHA ROCK in Race 6, Happy 60th Birthday Barry Lucas Mobile Pace, he “permitted his horse to shift inwards near the 250 metres crowding the racing room of REAZA GRUNTER (S M Payne) which in turn was forced over pylons”.

The information was filed with the Judicial Committee on racenight and was subsequently served on Mr Purdon. The hearing of the information took place at the meeting of New Zealand Metropolitan TC at Addington Raceway on 24 August 2017.

Mr Purdon had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Purdon had also endorsed and signed on the information form “I do not wish to be present”. Mr Ydgren confirmed to the Committee that Mr Purdon did not wish to attend the hearing of the information.

Rule 869 provide as follows:

(7A) Every horseman who moves inwards shall ensure:

(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.

SUBMISSION(S):

Mr Ydgren showed video replays of the incident with approximately 250 metres to run. He pointed out the relevant runners. ALPHA ROCK was racing in the one/one position as the field approached the home turn, trailing HYPERVELOCITY (B N Orange) with DON PIERRE (C J DeFilippi) racing 3-wide outside ALPHA ROCK. REAZA GRUNTER was in the trail behind the leader, MACHIE MAC (M J Anderson).

Mr Ydgren said that the head of ALPHA ROCK could then be seen to turn inwards. At that point, Mr Payne’s runner was clearly outside the pylons. However, it had had a hard run and was beginning to tire. Mr Purdon’s runner had got held up behind HYPERVELOCITY and shifted in for a run to the inside of that runner, Mr Ydgren said. Mr Purdon held only a slight advantage over REAZA GRUNTER and was in no position to take that run. Mr Payne was forced over a number of pylons, some of which were uprooted. At no stage was Mr Purdon clear, Mr Ydgren submitted.

DECISION:

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

PENALTY SUBMISSIONS:

Mr Ydgren referred to the Penalty Guide starting point for a breach of the Rule of a $300 fine or a 6-drives suspension. Mr Purdon had expressed to Stewards a preference for a fine, Mr Ydgren said.

Mr Purdon had a clear record under the Rule, Mr Ydgren said. He submitted that the breach was “at least mid-range”, which warranted an uplift in the starting point. Mitigating factors were Mr Purdon’s good record, his admission of the breach and his Junior Driver status, Mr Ydgren submitted. In the circumstances, a $200 fine would be an appropriate penalty, he submitted.

PENALTY REASON(S):

In determining penalty, the Committee had regard to the Penalty Guide starting point of a $300 fine, a suspension not being appropriate in this case. The Committee assessed the seriousness as being above mid-range, as the degree of interference to REAZA GRUNTER was quite high although its chances, we are satisfied, were not affected. The Committee also considered the factor that Mr Payne may have secured an advantage in taking a run that was not otherwise available to him. He went on to win the race. The Committee has applied an uplift of $50 for those factors.

The mitigating factors, properly referred to by Mr Ydgren, were Mr Purdon’s admission of the breach, his previous good record and his status as a Junior Driver. The Committee was of the view that those factors together warranted a discount of $100 from the increased starting point.

DECISION:

Mr Purdon was fined the sum of $250.

RG McKenzie       DJ Anderson

CHAIRMAN          COMMITTEE MEMBER

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