NZ Metro TC 13 November 2018 – R 7 – Chair, Mr R McKenzie
ID: JCA13789
Meet Title:
NZ Metro TC - 13 November 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/11/13
Race Number:
R7
Decision:
Mr Purdon having admitted the charge, the charge was found proved.
Penalty:
Mr Purdon’s Open Driver’s Driver’s licence is suspended for a period commencing from after the close of racing on 16 November 2018 up to and including 30 November 2018 – 3 days.
Facts:
Following the running of Race 7, McMillan Equine Feeds Sires’ Stakes Final (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr M Purdon, alleging that Mr Purdon, as the driver of JESSE DUKE in the race, “drove carelessly near the 1700 metres when shifting his drive inwards when not clear of STARS TONIGHT (R L Houghton) which was checked”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive-
(b) carelessly.
Mr Ydgren showed video replays of the incident as the field approached the bend out of the back straight, approximately 300 metres after the start of the 1980 metres mobile start event. STARS TONIGHT had begun from barrier position 1 and JESSE DUKE from barrier position 4.
Mr Ydgren said that STARS TONIGHT was beaten for early gate speed and, shortly after the start, began to pace roughly for several strides. Mr Purdon was directly outside that runner. As Mr Purdon attempted to shift down into the trail behind HEISENBERG (J R Dunn), he did not quite fully clear the legs of STARS TONIGHT. There was contact and the latter runner which ran out of room raced roughly for several strides and lost its trailing position. Mr Houghton then shifted forward to attempt to take up the trailing position, but Mr Purdon had shifted down and taken up that position.
Mr Purdon submitted that, when Mr Houghton was checked, he drove his horse further into the gap. He suggested that Mr Houghton’s horse had paced roughly and Mr Houghton had taken a hold of it. Mr Houghton had an obligation to take a hold of his horse because it was beaten for the position. The leader was racing a cart-width off the markers, Mr Purdon said, and he had got on Mr Dunn’s back. Mr Houghton continued to drive his horse up into a position where he did get checked. Mr Houghton had the opportunity to take hold for one stride and he was on his back, Mr Purdon said. He submitted that he was “ninety-nine per cent” in the gap.
Mr Ydgren said that he understood what Mr Purdon was saying and another driver may have taken a hold sooner than Mr Houghton did but he was not required to and Mr Purdon had an obligation to ensure that he was fully clear before shifting down. It was not a high-end breach, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide starting point for careless driving in a “major race” (a race with stakes of $40,000 or more) of a 3-day suspension. Mr Ydgren submitted that the Committee should consider an uplift of one day from that starting point for the aggravating factor that Mr Purdon had gained an advantage.
Mr Purdon had an excellent record and had made an open and frank admission of the breach for which mitigating factors he should receive a discount of one day, Mr Ydgren submitted.
Mr Purdon did not make any submission in relation to penalty.
Reasons for Penalty:
In deciding penalty, the Committee had regard to the starting point in the Penalty Guide, as pointed out by Mr Ydgren of a 3-day suspension. We agreed with Mr Ydgren that an uplift was appropriate for the aggravating factor that Mr Purdon had gained an advantage. We have set that uplift at one day.
Mitigating factors in this case were quite compelling in the Committee’s view. Firstly, Mr Purdon’s record which we deemed to be exceptional and, secondly, his frank admission of the breach. In addition, the Committee took into account the very low-end nature of the carelessness. These factors warrant a discount of one day.
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: 65247cc780d13b0573e788b4f376f26b
informantnumber: A12414
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 19/11/2018
hearing_title: NZ Metro TC 13 November 2018 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, McMillan Equine Feeds Sires’ Stakes Final (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr M Purdon, alleging that Mr Purdon, as the driver of JESSE DUKE in the race, “drove carelessly near the 1700 metres when shifting his drive inwards when not clear of STARS TONIGHT (R L Houghton) which was checked”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive-
(b) carelessly.
Mr Ydgren showed video replays of the incident as the field approached the bend out of the back straight, approximately 300 metres after the start of the 1980 metres mobile start event. STARS TONIGHT had begun from barrier position 1 and JESSE DUKE from barrier position 4.
Mr Ydgren said that STARS TONIGHT was beaten for early gate speed and, shortly after the start, began to pace roughly for several strides. Mr Purdon was directly outside that runner. As Mr Purdon attempted to shift down into the trail behind HEISENBERG (J R Dunn), he did not quite fully clear the legs of STARS TONIGHT. There was contact and the latter runner which ran out of room raced roughly for several strides and lost its trailing position. Mr Houghton then shifted forward to attempt to take up the trailing position, but Mr Purdon had shifted down and taken up that position.
Mr Purdon submitted that, when Mr Houghton was checked, he drove his horse further into the gap. He suggested that Mr Houghton’s horse had paced roughly and Mr Houghton had taken a hold of it. Mr Houghton had an obligation to take a hold of his horse because it was beaten for the position. The leader was racing a cart-width off the markers, Mr Purdon said, and he had got on Mr Dunn’s back. Mr Houghton continued to drive his horse up into a position where he did get checked. Mr Houghton had the opportunity to take hold for one stride and he was on his back, Mr Purdon said. He submitted that he was “ninety-nine per cent” in the gap.
Mr Ydgren said that he understood what Mr Purdon was saying and another driver may have taken a hold sooner than Mr Houghton did but he was not required to and Mr Purdon had an obligation to ensure that he was fully clear before shifting down. It was not a high-end breach, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide starting point for careless driving in a “major race” (a race with stakes of $40,000 or more) of a 3-day suspension. Mr Ydgren submitted that the Committee should consider an uplift of one day from that starting point for the aggravating factor that Mr Purdon had gained an advantage.
Mr Purdon had an excellent record and had made an open and frank admission of the breach for which mitigating factors he should receive a discount of one day, Mr Ydgren submitted.
Mr Purdon did not make any submission in relation to penalty.
reasonsforpenalty:
In deciding penalty, the Committee had regard to the starting point in the Penalty Guide, as pointed out by Mr Ydgren of a 3-day suspension. We agreed with Mr Ydgren that an uplift was appropriate for the aggravating factor that Mr Purdon had gained an advantage. We have set that uplift at one day.
Mitigating factors in this case were quite compelling in the Committee’s view. Firstly, Mr Purdon’s record which we deemed to be exceptional and, secondly, his frank admission of the breach. In addition, the Committee took into account the very low-end nature of the carelessness. These factors warrant a discount of one day.
penalty:
Mr Purdon’s Open Driver’s Driver’s licence is suspended for a period commencing from after the close of racing on 16 November 2018 up to and including 30 November 2018 – 3 days.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: M Purdon, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fc7fa70c7438c145fd0b38d0acff8c3a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 84d9c540bc11e1f57e20660c3eac7777
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2018
meet_title: NZ Metro TC - 13 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC