Auckland TC 28 November 2025 – R1 – Barry Purdon

Summary of Facts:

Following the running of Race, the Respondent Driver Mr Barry Purdon admitted a breach of Whip Rule 869(2). The particulars of the charge are that “he used his whip free of the rein early 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 show the breach. He pointed out Mr Purdon driving ANOTHER COLLECT, who was racing in last place on the marker line nearing the 300 metres. He said that he was following the race favourite, SOCIAL DISTANCING (A Herlihy) and was held up for a run and hampered, as the field commenced the home straight run.

In the run to the finish, Mr Mulcay demonstrated that Mr Purdon drew his whip and used it free of the rein on several occasions, before then returning to a compliant whip style.

Mr Mulcay said Stewards assessed and categorised the breach as ‘low-level.’

Mr Purdon said that he agreed with Mr Mulcahy’s interpretation of the breach.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay submitted that Mr Purdon has a clear record under the Rule, but he did receive a warning for a similar breach on 17 October 2025. He reiterated Stewards assessed the breach as low-level and referred to the Penalty Guide, which establishes a starting point penalty of either a $300 fine or 2-day suspension.

Mr Purdon submitted that he would prefer a fine as opposed to a suspension and had no further submissions as to penalty.

Reasons for Penalty:

After consideration of the evidence, including the race films, the Adjudicative Committee determined Mr Purdon’s whip use to be in the low-level range.

A low- level breach includes use of the whip free of the rein before returning to a compliant style.

The Adjudicative Committee adopted the Penalty Guide starting point of a $300 fine, as per Mr Purdon’s preference. There were no compelling reasons to elevate Mr Purdon’s penalty to a suspension, nor were there any aggravating factors to consider. A $300 fine was therefore imposed.

Conclusion:

Driver Mr B Purdon was fined $300.