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NZ Metro TC 23 February 2018 - R 6 - Chair, Mr D Jackson

Created on 26 February 2018

Rules:
507(1)
Committee:
DJackson (chair)
DAnderson
Name(s):
Mr N Purdon - Junior Driver
Informant
Mr S Renault - Stipendiary Steward
Information Number
A09899
Plea:
Admitted
Charge:
Broke an engagement to drive a horse
Evidence:

Stewards allege Mr Purdon has broken a driving engagement to drive Titanium in Race 6 resulting in him having to be replaced in breach of Rule 570. This information was heard prior to the commencement of racing on 23rd February with Ms O’Reilly accepting the engagement in Mr Purdon’s place.

Rule 507(1) prohibits drivers from breaking an engagement to drive a horse.

Mr Purdon was en route to Auckland and did not attend the hearing. He admitted the breach and instructed Mr Tim Williams to countersign the information as his agent. Both men are employed by Mr Purdon and Ms Rasmussen.

Mr Renault explained that Mr Purdon was instructed by his employer, Ms Rasmussen, on the afternoon of Thursday 22nd February to break the engagement in order to travel with several horses on a float and ferry trip to Auckland. Mr Purdon explained to his employer that he was committed to a drive but his employer told him to break the engagement. Mr Chmiel, the trainer of Titanium, complained to the Stewards immediately upon being informed of the broken engagement.

Decision:

The charge was admitted and is proved.

Submission For Penalty:

Mr Renault submitted that ordinarily breaches of this Rule attract fines in the order of $200.00. Whilst accepting that Mr Purdon was in a difficult situation and bound to follow the instruction of his employer, he left Mr Chmiel to find a replacement drive at short notice.

Reasons For Penalty:

Mr Purdon broke an engagement to drive a horse in a race in order to travel with horses to Auckland. Whilst the Committee accepts that he was directed to do so by his employer that is not a defence nor, in our view, a mitigating factor.

Penalty:

Mr Purdon is fined $250.00 for breaking an engagement to drive on this occasion.

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