NZ Metro TC 8 November 2022 – R2 – Mark Purdon

BACKGROUND:

Following the running of Race 2, Hydroflow “Cup Day Maiden” Mobile Pace, the Respondent Driver, Mark Purdon, admitted a breach of Rule 869(4) in that, as the Driver of SINBAD in the Race, he failed to maintain a straight course in the run home causing interference to MISTER SMARTEE (Tim Williams).

The Respondent endorsed the Information ”I do admit a breach of the Rule” and confirmed that he understood the Rule and the nature of the charge.

Rule 869 provides:

(4)  No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress. 

The Passing Lanes, False Rails and Home Straight Regulations, paragraph 7, provides that “every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line”.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed video replays of the final stages of the race. He pointed out SINBAD, driven by the Respondent, the widest runner as the field turned into the final straight, several lengths from MISTER SMARTEE (Tim Williams), which had taken the lead at that stage.

The Respondent had allowed his horse to drift in from that point, and had not taken sufficient action to straighten it, Mr McIntyre said. SINBAD had locked wheels with MISTER SMARTEE approximately 50 metres from the finishing line and continued to lay in on that runner for some distance. SINBAD had won the race by a nose and had been relegated to 2nd placing, Mr McIntyre said.

The Respondent said that SINBAD wears a Burr Bit and a Murphy Blind on its near side. He should have done more to correct it, he said.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Mr McIntyre said that the Respondent has a clear record under the Rule. He referred to the Penalty Guide for careless driving causing a relegation (a 3-days suspension). He likened this breach to that situation, and submitted that a 3-days suspension would be an appropriate penalty.

The Respondent said that he would leave the matter of penalty to the Adjudicative Committee. He sought a deferment of suspension until after racing on Friday, 11 November.

REASONS FOR PENALTY:

The Penalty Guide starting point for careless driving under Rule 869(3)(b) causing a relegation is a 3-days suspension. This charge alleges a breach of Rule 869(4). However, we agree with Mr McIntyre that that should be the penalty in this case. A suspension is called for.

The Respondent has a clear record and has admitted the breach, but to give a discount for those factors would lead to an inadequate penalty for this breach. A 3-days suspension is the appropriate penalty.

CONCLUSION:

The Respondent’s application for a deferment is granted.

The Respondent Driver, Mark Purdon, is suspended for 3 days. His application for a deferment is granted. The period of suspension commences on 12 November and ends after racing on 20 November 2022.