Non Raceday Inquiry – Decision dated 22 December 2022 – Mark Purdon and Hayden Cullen
ID: RIB13969
Animal Name:
HIGH ENERGY
Code:
Harness
Hearing Date:
22/12/2022
Hearing Location:
Ashburton Raceway, Ashburton
Outcome: Proved
Penalty: Purdon/Cullen Training Partnership is fined $200
BACKGROUND:
Information No. A21025, filed by Chief Stipendiary Steward, Nigel McIntyre, alleges that the Respondent Training Partnership of Mark Purdon and Hayden Cullen failed to report a notifiable surgery or procedure to Harness Racing New Zealand as soon as practicable for HIGH ENERGY, trained by them.
Mr McIntyre produced an Authority to Charge signed by Mike Clement, Chief Executive of the RIB, authorising filing of the Information. Mr Purdon had endorsed the Information “I do admit a breach of the rule”.
Mr Purdon was present throughout the hearing by telephone link.
The Notifiable Procedures and Surgeries Regulations provide:
2.1 The following surgeries or procedures must be reported to HRNZ in writing as soon as practicable by the owner or trainer of the horse:
2.1.2 Upper respiratory tract surgery including: 2.1.2.1 laryngeal hemiplegia (tie backs, Hobday (ventriculectomy or cordectomy), nerve transplants, prosthetic laryngoplasty);
2.1.2.2 soft palate surgery (Tie forward, dorsal displacement soft palate surgery, soft palate cautery);
2.1.2.3 epiglottic surgery.
EVIDENCE:
Chief Stipendiary Steward, Nigel McIntyre, said that HIGH ENERGY, trained by the Respondents, had raced on 2 October 2022 at Timaru HRC and since that race and prior to racing at NZ Metropolitan TC on 25 November 2022 had undergone a wind operation, which the Respondents were required to notify to HRNZ
DECISION:
The charge is admitted and therefore proved.
SUBMISSIONS FOR PENALTY:
Chief Stipendiary Steward, Nigel McIntyre, said that the “standard” fine for such a breach is $200 and submitted that as an appropriate penalty in this case. He said that Mr Purdon has a good record and it is unlike the stable not to notify. It was just an oversight on this occasion.
Mr Purdon said that Mr Cullen’s wife, Amanda, normally attends to such matters but, on this occasion, had been unable to fit the procedure into a category under the Regulations.
REASONS FOR PENALTY:
Mr McIntyre has submitted that a fine of $200 is an appropriate penalty. The Adjudicative Committee notes that in the similar recent case of Nairn, the Trainer had omitted to notify treatment to a knee on his horse, THE IVY LEAGUE, and was fined the sum of $200.
PENALTY:
The Respondent Training Partnership of Mark Purdon and Hayden Cullen is fined $200.
Decision Date: 22/12/2022
Publish Date: 12/01/2023