NZ Metropolitan TC 21 December 2018 – R 4 – Chair, Mr R McKenzie
ID: JCA16620
Meet Title:
NZ Metro TC - 21 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/12/21
Race Number:
R4
Decision:
Mr Purdon having admitted the breach, the charge was found proved.
Penalty:
Mr Purdon’s Junior Driver’s Licence is suspended for 3 days from after the conclusion of racing on 23 December 2018 up to and including 5 January 2019. The three meetings intended to be encompassed by the period of suspension are Banks Peninsula on 29 December 2018, Rangiora on 3 January and Timaru on 5 January 2019.
Facts:
Following the running of Race 4, Always B Miki “The Fastest Horse Ever” (Junior Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Junior Driver, Mr N Purdon, alleging that, as the driver of OVERARM in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the Information.
Mr Ydgren confirmed to the Committee that Mr Purdon had waived assistance from a senior horseman prior to indicating his plea to the charge
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed video replays of the final 400 metres of the race. He pointed out OVERARM driven by Mr Purdon, running on widest of the runners as the field entered the final straight. The allegation of the Stewards was that Mr Purdon had used his whip in a striking motion on 12-13 occasions from that point to the finishing line.
The Committee noted that OVERARM won the race by a narrow margin.
Mr Ydgren said that Mr Purdon had accepted the alleged count.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Purdon had a previous breach of the whip Rule on his record – he had been fined the sum of $300 at Timaru on 3 November last (14 strikes). That breach was 19 drives ago, Mr Ydgren said.
The Penalty Guide provided for a starting point of a 3-5 days suspension for a second breach of the Rule within 6 months and Stewards were seeking a 3-days’ suspension in this instance, having regard to Mr Purdon’s Junior Driver status and his admission of the breach. The breach was in the low range, he said. Mr Purdon had informed Stewards that he did not intend to drive on the West Coast circuit between Christmas and New Year but that he did have declared drives on 23 December at Ashburton.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point as referred to by Mr Ydgren – that is to say, a 3-5 days suspension. The Committee regarded the breach as being low range and, therefore, adopted a starting point in this case of 3 days. However, it was an aggravating factor that OVERARM, driven by Mr Purdon, had won the race and, for that factor, the Committee lifted the starting point to 4 days.
Mitigating factors were Mr Purdon’s admission of the breach and his Junior Driver status. Having regard to those factors, the Committee gave Mr Purdon a discount of 1 day.
Looking at the penalty of a 3-days suspension, the Committee took the view that it was a sufficient penalty considering the significant meetings that Mr Purdon would miss at a busy time of year for harness racing. Any longer suspension would have been excessive for the particular breach. The Committee noted that Mr Purdon is a quite busy Junior Driver, having had 44 drives this season prior to this meeting.
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: cd7dc90c3fdde4dfdc2a77d1ed3bbb31
informantnumber: A10197
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 24/12/2018
hearing_title: NZ Metropolitan TC 21 December 2018 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Always B Miki “The Fastest Horse Ever” (Junior Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Junior Driver, Mr N Purdon, alleging that, as the driver of OVERARM in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr Purdon had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the Information.
Mr Ydgren confirmed to the Committee that Mr Purdon had waived assistance from a senior horseman prior to indicating his plea to the charge
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed video replays of the final 400 metres of the race. He pointed out OVERARM driven by Mr Purdon, running on widest of the runners as the field entered the final straight. The allegation of the Stewards was that Mr Purdon had used his whip in a striking motion on 12-13 occasions from that point to the finishing line.
The Committee noted that OVERARM won the race by a narrow margin.
Mr Ydgren said that Mr Purdon had accepted the alleged count.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Purdon having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Purdon had a previous breach of the whip Rule on his record – he had been fined the sum of $300 at Timaru on 3 November last (14 strikes). That breach was 19 drives ago, Mr Ydgren said.
The Penalty Guide provided for a starting point of a 3-5 days suspension for a second breach of the Rule within 6 months and Stewards were seeking a 3-days’ suspension in this instance, having regard to Mr Purdon’s Junior Driver status and his admission of the breach. The breach was in the low range, he said. Mr Purdon had informed Stewards that he did not intend to drive on the West Coast circuit between Christmas and New Year but that he did have declared drives on 23 December at Ashburton.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point as referred to by Mr Ydgren – that is to say, a 3-5 days suspension. The Committee regarded the breach as being low range and, therefore, adopted a starting point in this case of 3 days. However, it was an aggravating factor that OVERARM, driven by Mr Purdon, had won the race and, for that factor, the Committee lifted the starting point to 4 days.
Mitigating factors were Mr Purdon’s admission of the breach and his Junior Driver status. Having regard to those factors, the Committee gave Mr Purdon a discount of 1 day.
Looking at the penalty of a 3-days suspension, the Committee took the view that it was a sufficient penalty considering the significant meetings that Mr Purdon would miss at a busy time of year for harness racing. Any longer suspension would have been excessive for the particular breach. The Committee noted that Mr Purdon is a quite busy Junior Driver, having had 44 drives this season prior to this meeting.
penalty:
Mr Purdon’s Junior Driver’s Licence is suspended for 3 days from after the conclusion of racing on 23 December 2018 up to and including 5 January 2019. The three meetings intended to be encompassed by the period of suspension are Banks Peninsula on 29 December 2018, Rangiora on 3 January and Timaru on 5 January 2019.
hearing_type: Hearing
Rules: 869(2)(b)and Use of the Whip Regulations
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr N Purdon - Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e771726ddb73e8c73797e4cdacaecd29
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1d1fb494356f8dac67e103f20be725c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2018
meet_title: NZ Metro TC - 21 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC