NZ Metro TC 13 May 2022 – R8 – Mark Purdon

BACKGROUND:

Following the running of Race 8, Garrards Sires’ Stakes Magnifique Mobile Race (Listed Race), the Respondent, Mark Purdon denied a breach of Whip Rule 869(2).

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.

The Whip and Rein Regulations provide:

3.1  A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.2  For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1  Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Senior Stipendiary Steward, Steve Mulcay, showed a video replay of the final  200-300 metres of the race. He pointed out CYRUS, driven by the Respondent, being eased out from the one-one position to improve 3-wide as the field entered the final straight. Mr Purdon then commenced to drive the horse out, Mr Mulcay said. There were initially a couple of strikes, with which the Stewards had no issue, before Mr Purdon used his whip on 3-4 further occasions, all of which Stewards alleged were in breach of the Whip Rules, being in more than a wrist only flicking motion.

The Respondent agreed that there were, probably, three strikes which were “outside of the boundaries” but any penalty for such actions would be out of proportion. He submitted that many would look at the Race and think nothing of it. He had defended the charge to hear the Committee’s interpretation of his actions, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Committee was satisfied that the Respondent had used his whip in more than a wrist only flicking motion, as alleged. There were at least 3 or 4 non-compliant strikes in which the Respondent had used some force by use of the elbow or shoulder

SUBMISSIONS FOR PENALTY:

Senior Stipendiary Steward, Steve Mulcay, said that the Respondent had a recent breach on his record – in The Race by Grins at Waikato Bay of Plenty Harness on 14 April – suspended 7 days and fined $2,500.

Tonight’s race was a Listed Race with stakes of $50,000, Mr Mulcay said. The Penalty Guide starting point for a breach in a Listed Race is a 4-day suspension. The usual uplift for a second offence should not apply in this case, he said. But for the Status of the Race and stake payable in The Race, that breach would have incurred a fine of $200-400 and, were tonight’s race not a Listed Race, the starting point would have been a 3-day suspension, Mr Mulcay said.

Mr Purdon told the Committee that a 4-day suspension would involve him missing the Auckland Cup. He sought a deferment until after racing at NZ Metropolitan TC on Friday, 20 May next.

REASONS FOR PENALTY:

The breach was in the low-medium level at worst, and the consequences to Mr Purdon are unfortunate, but that is not something to which the Committee can have regard. The provisions of the HRNZ Whip Penalty Guide (effective 1 October 2020) clearly provide that the starting point for penalty in a Listed Race shall be a 4-day suspension. There are no mitigating factors and, in the circumstances, the Committee has determined that the Respondent’s previous breach will not be regarded as an aggravating factor.

CONCLUSION:

The Respondent, Driver Mark Purdon, is granted a deferment and is suspended for a period of 4 days commencing after the close of racing on 20 May up to and including 2 June 2022. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 22 May, Auckland TC or NZ Metropolitan TC on 27 May, Timaru HRC on 29 May and NZ Metropolitan TC on 2 June 2022.