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NZ Metropolitan TC 31 July 2020 - R 2 - Chair, Mr S Ching

Created on 03 August 2020

Committee:
SChing (chair)
Name(s):
Mr M Purdon - Licensed Open Horseman
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A13271
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following Race 2, the Lamb and Hayward Mobile Pace, an Information was lodged against Licensed Open Horseman, Mr M Purdon, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.

Rule 869(2) reads as follows:
869 (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.

Whip Regulation (b) reads as follows;
(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 Purdon confirmed that he admitted the charge and understood the provisions of the Rule it was brought under.

Mr Ydgren gave evidence to show that Mr Purdon driving DELIGHTFUL DUDE, was positioned in the three wide line and improving as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Purdon, drew the whip and used it on 14 occasions prior to the line. Mr Ydgren confirmed that Mr Purdon ran second in the race by a short margin, being a neck.

Mr Purdon did not dispute the number of strikes but stated that the horse was “laid back” and needed extra encouragement to perform over the final stages. He stated that DELIGHTFUL DUDE may have only finished in 4th place had he not had the encouragement he was given.

Decision:

The charge was found proved.

Submission For Penalty:

Mr Ydgren stated that Mr Purdon had a clear record in relation to the Rule. He said that the JCA Penalty Guide provides a sliding scale penalty of a $300 fine for a first offence where the strikes are 14-16. Mr Ydgren submitted that a fine as per the sliding scale be considered as penalty in this case.

Mr Purdon elected to make no submissions in regard to penalty.

Reasons For Penalty:

The Penalty Guide provides a $300 fine on the sliding scale, mitigation inclusive, for a mid-level first offence of this Rule. In assessing penalty, we took into consideration the fact that Mr Purdon got up to secure 2nd placing by a narrow margin and by his own admittance, believed his horse would only have finished in 4th place, without the extra encouragement given. This factor we deemed to be aggravating and therefore, we determined, warranted an uplift in penalty. We set this uplift at $100.

We therefore determined that a $400 was an appropriate fine in this case.

Penalty:

Mr Purdon is fined the sum of $400.

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