NZ Metro TC 26 March 2016 – R 3 – Chair, Mr R McKenzie
ID: JCA17452
Meet Title:
NZ Metro TC - 26 March 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/03/26
Race Number:
R3
Decision:
Mr Purdon having admitted the charge, the charge was found proved.
Penalty:
Mr Purdon was fined the sum of $300.
Facts:
Following the running of Race 3, Lamb & Hayward Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M Purdon, alleging that Mr Purdon, as the driver of BLACKGUARD’S CORNER in the race, “used his whip in a manner which Stewards deemed to be improper near the 200 metres”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Ydgren informed the Committee that Mr Purdon did not wish to attend the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren referred to a video replay and pointed out Mr Purdon, driving BLACKGUARD’S CORNER, racing at the rear of the field on the markers as the field entered the home straight. Just prior to that point, the horse had galloped while trailing the leader, Mr Ydgren said.
Mr Purdon had explained to the Stewards that he had been frustrated at the horse’s galloping. He dropped his right foot from the sulky footrest and, while his foot was out of the rest, he gave the horse two “fairly hefty strikes”, Mr Ydgren said. While the horse appeared to be out of contention at the time, it did run on and only just missed 5th placing.
Mr Ydgren said that a driver will drop a foot from the sulky footrest to get a bit more weight behind the strikes. Mr Purdon had said that he had done it to discipline the horse.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide which suggested a starting point for a breach of the Rule of a $500 fine or a 2 days’ suspension. Mr Purdon’s New Zealand record was “excellent”, he said. Having regard to that record and to Mr Purdon’s admission of the breach, it was the submission of the Stewards that a fine of $300 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were a couple of compelling mitigating factors – Mr Purdon’s admission of the breach and his record under the Rule, which Mr Ydgren described as “excellent”.
Mr Purdon was entitled to a discount from the Penalty Guide starting point for those mitigating factors. We fixed that discount at $200.
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: e55331b7d171cc0675027e81dd0444ac
informantnumber: A8023
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/03/2016
hearing_title: NZ Metro TC 26 March 2016 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Lamb & Hayward Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M Purdon, alleging that Mr Purdon, as the driver of BLACKGUARD’S CORNER in the race, “used his whip in a manner which Stewards deemed to be improper near the 200 metres”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Ydgren informed the Committee that Mr Purdon did not wish to attend the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren referred to a video replay and pointed out Mr Purdon, driving BLACKGUARD’S CORNER, racing at the rear of the field on the markers as the field entered the home straight. Just prior to that point, the horse had galloped while trailing the leader, Mr Ydgren said.
Mr Purdon had explained to the Stewards that he had been frustrated at the horse’s galloping. He dropped his right foot from the sulky footrest and, while his foot was out of the rest, he gave the horse two “fairly hefty strikes”, Mr Ydgren said. While the horse appeared to be out of contention at the time, it did run on and only just missed 5th placing.
Mr Ydgren said that a driver will drop a foot from the sulky footrest to get a bit more weight behind the strikes. Mr Purdon had said that he had done it to discipline the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide which suggested a starting point for a breach of the Rule of a $500 fine or a 2 days’ suspension. Mr Purdon’s New Zealand record was “excellent”, he said. Having regard to that record and to Mr Purdon’s admission of the breach, it was the submission of the Stewards that a fine of $300 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were a couple of compelling mitigating factors – Mr Purdon’s admission of the breach and his record under the Rule, which Mr Ydgren described as “excellent”.
Mr Purdon was entitled to a discount from the Penalty Guide starting point for those mitigating factors. We fixed that discount at $200.
penalty:
Mr Purdon was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: M Purdon, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0d2a4e7a56915f981add2d19ffbe9a08
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6217e583bcbd7b3b20a45f50c948c2e3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2016
meet_title: NZ Metro TC - 26 March 2016
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