Archive Decision

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Timaru HRC 6 January 2017 – R 7 Chair, Mr R McKenzie

ID: JCA17640

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr N Purdon - Licensed Junior Horseman

Other Person:
Mr GD Smith - Licensed Open Horseman assisting Mr Purdon

Information Number:
A8377

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Timaru HRC - 6 January 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2017/01/06

Race Number:
R7

Decision:

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

Penalty:

Mr Purdon was fined the sum of $300.

Facts:

Following the running of Race 7, Brosnan Transport Handicap Pace, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr N Purdon, alleging that, as the driver of LINTON SHARD in the race, he “used his whip in a manner Stewards deem to be excessive”.

Mr Purdon was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr GD Smith.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
     (a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out Mr Purdon, driving LINTON SHARD, leading the field on the markers as the field entered the home straight inside the 400 metres. With approximately 150 metres to run, Mr Purdon commenced using his whip and from that point to the finishing line, Mr Renault alleged, Mr Purdon used his whip on 13 occasions, all free of the rein. The Committee noted that LINTON SHARD, finished in 2nd position, a head from the winner.

Mr Purdon, when asked by the Committee, confirmed that he accepted the number of strikes as alleged by Mr Renault and the number was clearly apparent to the Committee from the video replay. 

Submissions for Penalty:

Mr Renault told the Committee that Mr Purdon has a clear record under the Rule. He has only recently returned from Australia. His record showed that he has had 10 drives this season. Mr Renault submitted that Mr Purdon should receive credit for his admission of the breach and his good record. Having regard to those factors, Mr Renault submitted, an appropriate penalty was a fine of $300.

Mr Smith said that Mr Purdon is a Junior Driver and has only just returned from Australia. He has a clear record, Mr Smith said. He has been filling in for the stable’s No.1 horseman and had tried to “prove himself”, having been given the opportunity. It is difficult sometimes, Mr Smith said, not to “push too far” in a close finish. Mr Purdon had admitted the breach and accepted that he had done wrong, Mr Smith said. 

Reasons for Penalty:

In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Purdon’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $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: fd81203246fbff65f89b9bb5cecffbd9


informantnumber: A8377


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 09/01/2017


hearing_title: Timaru HRC 6 January 2017 - R 7 Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 7, Brosnan Transport Handicap Pace, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr N Purdon, alleging that, as the driver of LINTON SHARD in the race, he “used his whip in a manner Stewards deem to be excessive”.

Mr Purdon was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr GD Smith.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
     (a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out Mr Purdon, driving LINTON SHARD, leading the field on the markers as the field entered the home straight inside the 400 metres. With approximately 150 metres to run, Mr Purdon commenced using his whip and from that point to the finishing line, Mr Renault alleged, Mr Purdon used his whip on 13 occasions, all free of the rein. The Committee noted that LINTON SHARD, finished in 2nd position, a head from the winner.

Mr Purdon, when asked by the Committee, confirmed that he accepted the number of strikes as alleged by Mr Renault and the number was clearly apparent to the Committee from the video replay. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault told the Committee that Mr Purdon has a clear record under the Rule. He has only recently returned from Australia. His record showed that he has had 10 drives this season. Mr Renault submitted that Mr Purdon should receive credit for his admission of the breach and his good record. Having regard to those factors, Mr Renault submitted, an appropriate penalty was a fine of $300.

Mr Smith said that Mr Purdon is a Junior Driver and has only just returned from Australia. He has a clear record, Mr Smith said. He has been filling in for the stable’s No.1 horseman and had tried to “prove himself”, having been given the opportunity. It is difficult sometimes, Mr Smith said, not to “push too far” in a close finish. Mr Purdon had admitted the breach and accepted that he had done wrong, Mr Smith said. 


reasonsforpenalty:

In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Purdon’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.


penalty:

Mr Purdon was fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer: Mr N Purdon - Licensed Junior Horseman


Otherperson: Mr GD Smith - Licensed Open Horseman assisting Mr Purdon


PersonPresent:


Respondent:


StipendSteward:


raceid: 901f7ce1da6dcf32bda105f8b92e1523


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: 524a22af4d0a1207258d68b0983f49bf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2017


meet_title: Timaru HRC - 6 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Timaru HRC