Waikato-BOP H 14 April 2022 – R7 – Mark Purdon

EVIDENCE:

Following the running of THE RACE BY GRINS MOBILE PACE, an Information was lodged by Chairman of Stewards Mr Nigel McIntyre against Driver Mr Mark Purdon alleging that Mr Purdon as the Driver of SELF ASSURED used his whip with more than a wrist flicking motion in the run home.

Rule 869(2) provides: No driver shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

The Whip and Rein Regulations in part 3.1 provide: 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.

Mr Purdon was present at the hearing, and he understood the Rule and Regulations and he confirmed to the Adjudicative Committee that he admitted the breach.

Mr McIntyre demonstrated the incident using the available race films. He identified SELF ASSURED and Mr Purdon and showed where his horse was on the outside in the run home. He said that Mr Purdon used his whip with more than a wrist flicking motion on at least 5 occasions.

Mr Purdon agreed with the number and agreed that they were with more than a wrist flicking motion.

DECISION:

The breach is admitted and therefore the charge is upheld.

PENALTY SUBMISSIONS:

Mr McIntyre said that Mr Purdon had had 33 drives this season and had not breached the Whip Rules.

He did say that all Drivers had been spoken to by the Stewards before THE RACE and were advised that because of the status and stake of THE RACE any whip charges would incur a starting point penalty of 7 driving days suspension.

He then submitted that the penalty should be a suspension of Mr Purdon’s driving Licence for 7 days together with a fine of $3,000.

Mr Purdon for his part, thought that the fine suggested by Mr McIntyre was too high,

The Adjudicative Committee asked Mr Purdon about his upcoming engagements and he said he did not seek a deferral of his suspension and would like it to start straight away. Further to that, when discussing upcoming race meetings, Mr Purdon said he would not be driving at the Geraldine TC meeting on the 24th of April 2022 and the Invercargill TC meeting on the 30th of April 2022.

The Adjudicative Committee spent some time discussing with Mr Purdon his future driving engagements. The Chairman read out several times the meetings affected by this decision and Mr Purdon did not challenge those.

REASONS FOR PENALTY:

The incident was clearly shown on the race films and on that basis Mr Purdon had no option other than to admit the breach. The Adjudicative Committee thought that there were at least 6 strikes in breach of the Rule.

The Adjudicative Committee believed that this incident fell into the medium range of seriousness and taking a starting point of 4 driving days with an uplift of 3 driving days because of the status and stake of THE RACE the Adjudicative Committee is comfortable with the 7 driving days suspension as submitted by Mr McIntyre.

The aggravating factors are not only the number of strikes but also the fact that Mr Purdon won THE RACE.

Mr McIntyre has submitted a penalty of 7 driving days and a $3,000 fine and Mr Purdon did not challenge the suspension but thought that the fine was “a bit high”.

This Adjudicative Committee believes that the suspension is appropriate, but we will give Mr Purdon some credit in respect to the fine in view of his good record under this Rule.

This Adjudicative Committee also would like to record its appreciation of the open and straightforward manner with which Mr Purdon presented at the hearing.

PENALTY DECISION:

This Adjudicative Committee orders that Mr Purdon’s Driving Licence is suspended from the conclusion of racing today up to the conclusion of racing on the 5th of May 2022. That is 7 driving days/nights being NZ Metro on the 21st of April, Auckland TC on the 22nd of April, Ashburton TC on the 25th of April, Waikato-BOP Harness on the 28th of April, either Auckland or NZ Metro on the 29th of April, Rangiora Harness on the 1st of May 2022 and Auckland TC on the 5th of May 2022. The meetings at Geraldine and Invercargill referred to above were not included in the suspension as were the meetings at NZ Metro on the 16th of April and Banks Peninsula TC on the 18th of April for which Drivers had already been declared.

In addition, Mr Purdon is fined the sum of $2,500.