Auckland TC 21 April 2023 – R7 – Mark Purdon

EVIDENCE

Following the running of Race 7, the Dawson Harford Ltd Taylor Mile Mobile Pace (G1) 1600m, the Driver of AKUTA, Mr M Purdon admitted a breach of Whip Rule 869(2).

The particulars of the charge are that he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2) No Driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Senior Stipendiary Steward Mr Mulcay, used available video footage to demonstrate the breach. He identified AKUTA (M Purdon) wide out on the track challenging for the lead over the concluding stages of the race. He said between the 75-metre mark and the finish, Mr Purdon used his whip in more than a flicking motion.

He said that as the race was a Group 1, Mr Purdon could not be afforded a warning for the breach. AKUTA won the race by a nose.

Mr Purdon had nothing further to add and accepted the Steward’s interpretation of the breach.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay said that Stewards assessed the breach to be low-level and submitted that it be dealt with in accordance with the starting point set out in the Penalty Guide (PG).  He said that for a Group 1 Race, the PG provides for a 7-day suspension and a fine equal to 12.5% share of Mr Purdon’s stake for winning the race (this amounting to $319).

The Respondent submitted that he could commence any proposed suspension immediately.  He offered no submissions as to penalty, but pointed out that if suspended, he will miss driving opportunities at two forthcoming Premier (Group) meetings at Auckland and Christchurch.

Reasons For Penalty:

After consideration of the evidence, the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (more than a flicking motion) but promptly takes corrective action to return to a compliant style.

The PG provides for a 7-day suspension where the breach occurs in a Group 1 Race.  Also, for a low-level breach where the stakes are more than $100,000 a fine equal to 12.5% of the Driver’s stake is to be imposed.  In this case, the stake was $90,000, but the Adjudicative Committee takes into account that Mr Purdon won the race and, on that basis, a fine of $300 is deemed appropriate in addition to a suspension.

Having evaluated all factors, the Adjudicative Committee considered a 7-day suspension and a $300 fine to be a suitable penalty.

Conclusion:

The Respondent Mr Purdon, is fined $300 and his Licence to drive in races is suspended for a period of 7 days commencing on 22 April 2023, and concluding after racing at the Ashburton meeting on 14 May 2023.