Auckland TC 24 May 2024 – R7 (heard 20 June 2024 at Cambridge) – Mark Purdon

Background:

This hearing is in relation to a breach of the Whip & Rein Regulations which occurred at Alexandra Park on the 24th of May during the running of the Group 1 Auckland Cup.

Following the running of this race, Stewards alleged that Mr M Purdon, the Driver of SELF ASSURED,  had breached the Whip & Rein Regulations by using his whip free of the rein on one occasion in the home straight.

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.

As Mr Purdon had left the course prior to the Information being served, a hearing was opened and adjourned to an alternative date.

Submissions:

Prior to the hearing, the films were made available to the Adjudicative Committee to view the incident. Mr Purdon was unable to be on course, so all parties agreed that the hearing would proceed via teleconference.

Prior to the incident submissions, Mr Purdon confirmed he had viewed the films and his admission of the breach.

Senior Stipendiary Steward S Mulcay outlined the Stewards’ interpretation of events. He said that Mr Purdon’s drive raced to the front soon after entering the straight and was then challenged to his outside by BETTER ECLIPSE. He said that at around the 100m, Mr Purdon activated the deafeners, crossed his reins and with his free hand, used his whip on one occasion. He said this action was a breach of the Regulations. Mr Mulcay added further context to the incident by saying it was a very low level breach and had it not been a Group Race, no charge would have been issued and Mr Purdon would have only received a warning.

Mr Purdon said he reacted when pulling the plugs, it was only one flick and at the low end.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay submitted that this breach was at the “lowest of the low end”, it was only 1 flick and there was no multiple use or excessive force.

The Penalty Guidelines for a low end whip breach in a Group 1 Race provide a starting point of a 7 day suspension and a fine of 12.5%.

Mr Purdon offered no comment in relation to penalty submissions, other than to acknowledge he was now located in the North.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach at the low end.

The Adjudicative Committee acknowledge the mitigating factors associated with the breach which are;

• Mr Purdon’s excellent record
• It was only one strike with no force
• Mr Purdon reverted back to compliance immediately after the 1 strike breach

When determining an appropriate penalty, the Adjudicative Committee was cognisant of a previous breach that was almost identical in nature which had occurred in a Group 1 Race in 2001, with Mr Purdon being the Driver. On this occasion the Committee said…

“With regards to whip breaches, we have extremely limited discretion to deviate from the Penalty Guide starting points.  To deviate from the guide compelling mitigating factors and or exceptional circumstances would need to exist.  In this case we believe that for a breach of this nature, namely one strike, such circumstances do exist.  We are of the opinion that a 7-day suspension is unduly harsh and disproportionate, and, on that basis, we afford Mr Purdon a 2-day reduction from the starting point.” 

Having considered the circumstances of this particular breach and utilising the previous Decision for guidance, the Adjudicative Committee determined an appropriate penalty to be a 5 day suspension and a fine of $200.

Conclusion:

Mr Purdon is fined $200 and suspended for 5 days.

The suspension commences after racing on 20 June 2024 and concludes after racing on 26 July 2024.