Waikato BOP H 4 April 2025 – R9 – Mark Purdon

Summary of Facts:

Following the running of Race 9, the Race by Betcha $1,000,000, the Respondent M Purdon admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in more than a wrist flicking motion and a continuous manner in the run home.

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.

Stipendiary Steward S Renault used available video footage to demonstrate the breach.  He said that Mr Purdon was trailing LEAP TO FAME into the straight when he commenced to use his whip. He submitted that Mr Purdon used his whip with more than a wrist flicking motion on 8 occasions, which were continuous and used his whip a total of 13 times before returning to a compliant manner.

Mr Purdon offered no comment, other than to say he may have got a little excited.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre produced the Respondent’s record, which was clear.

Mr McIntyre said that Stewards assessed the breach to be mid-range and submitted that it be dealt with by way of a suspension and fine as per the Penalty Guidelines.

Mr Purdon had a suspension due to commence after racing on the 4th of April and conclude after racing on the 22nd of April.  Any proposed suspension in regard to the whip charge would commence after racing on the 22nd of April.

 Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid-range.  Mr Purdon used his whip with more than a wrist flicking motion on at least 8 occasions, all of which were continuous, a further two strikes were applied within the Guidelines from an application perspective, but were also continuous. Mr Purdon returned to a compliant manner approximately 75m from the finish.

The Penalty Guidelines point to a 7-day suspension for a mid-range breach that occurs in a Group 1 Race or a race more than $100,000. (The Race by Betcha has stakemoney of $1,000,000). In addition, any breach of the Whip & Rein Regulations in a Listed or Group Race, also attracts a fine commensurate with the severity of the breach. For a mid-level breach, the fine is equivalent to 25% of the Driver’s stake earnings.

Mr Purdon’s drive finished 2nd and earned stakemoney of $130,000.

Having considered the aforementioned factors, the Adjudicative Committee determined that an appropriate penalty be that of a 7 day suspension and a fine of $1,600. In assessing whether Mr Purdon should receive a discount due to his combined record and admission, the Adjudicative Committee had regard for the fact that the breach included both more than a wrist flicking motion and continuous, which on their own, would both result in a charge.

Conclusion:

Mr Purdon is fined $1,600 and suspended for 7 days.

The suspension commences after racing on the 22nd of April and concludes after racing on the 16th of May, with the following meetings included. For clarity, the Stewards identified the meetings that Mr Purdon would likely be driving at.

25/4 – ATC (P)

27/4 – Invercargill (Diamonds Meeting)

2/5 – ATC (P)

9/5 – ATC (P)

15/5 – WBOP

16/5 – ATC