Waikato BOP H 28 March 2025 – R7 – Mark Purdon

Summary of Facts:

Following the running of Race 7, the Group 2 Flying Mobile pace, the Respondent M Purdon admitted a breach of Rule 869(3)(b); namely that  he drove carelessly near the 1400m, causing interference to LITTLE SPIKE, who broke, losing all chance.

The Respondent endorsed the Information ‘I do admit the breach of the rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward S Mulcay identified the horses involved in the incident namely, CHASE A DREAM driven by M Purdon and LITTLE SPIKE driven by C Hackett. He said that Mr Purdon was in a 3 wide position and looking to ease into a 2 wide position entering the first corner at the 1400m. He said that during the manoeuvre, he placed LITTLE SPIKE in restricted room, contact occurred and LITTLE SPIKE broke. Mr Mulcay identified that Mr Purdon did look to turn his horse’s head out to relieve the pressure, but this occurred too late.

In explanation, Mr Purdon said he was looking to come down to the running line and his horse shifted in. He said it happened quickly and he did try to relieve the pressure, but acknowledged that he had caused pressure to LITTLE SPIKE.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Mulcay produced the Respondent’s record, which indicated a clear record since the reset period.

In mitigation, Mr Mulcay said that the Respondent freely admitted the breach and put the carelessness at low range, with a mid range consequence. Mr Mulcay said that the Adjudicative Committee might like to consider that there were a number of premier meetings coming up and that the Penalty Guide starting point was a 5 day suspension for a breach of this nature, as it had occurred in a Group 2 Race.

Mr Purdon asked if the Adjudicative Committee could consider a fine in lieu of suspension, in regard to the upcoming premier meetings. Mr Purdon sought a deferment to any proposed suspension until after the 4th of April.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 5 day suspension starting point for a mid range breach (1st offence) in a Group 2 Race.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner(s), the Adjudicative Committee assessed the breach lay in the medium range and adopted a 5 day suspension as the starting point. The Adjudicative Committee observed that the carelessness of Mr Purdon resulted in contact to LITTLE SPIKE, causing it  to gallop and losing all effective chance of competing in the race. In mitigation, it was apparent that CHASE A DREAM was wanting to lay in slightly on the corner and this may have contributed to the incident.

The Respondent was given credit for his admission of the breach and the identified mitigating factor; this afforded Mr Purdon a 1 day reduction on his penalty starting point.

After evaluating all of the factors, the Adjudicative Committee determined a 4 day suspension to be an appropriate penalty in the circumstances of this breach.

While Mr Purdon’s request for consideration of a fine as opposed to a suspension was considered, the Adjudicative Committee felt there were no exceptional circumstances which would see it deviate from the Guidelines to introduce a fine in substitution of all, or part of the suspension period.

Conclusion:

The Respondent was granted a deferment and his Licence suspended, commencing after racing on the 4th of April, up to and including the 22nd of April 2025 – 4 Northern driving days.