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Amberley TC 6 February 2019 - R 5 - Chair, Mr S Ching

Created on 11 February 2019

SChing (chair)
Mr M Hurrell - Junior Horseman
Mrs C Tibbs - Stipendiary Steward
Information Number
Breach of the Push Out Rule

Following the running of Race 5, the Canterbury Breeders (Joan Belcher Legacy) Flair (Canterbury Branch) Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Junior Horseman, Mr M Hurrell, alleging a breach of Rule 869(4)(6)(b)(c), in that when driving PRESSED FOR TIME, he shifted outwards prior to the 1000m causing the improving KATCHALIGHT to be taken wide.

Rule 869(4)(6) (b)(c) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) “Subject to sub-rule (4) hereof:-

(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”

Mr Hurrell had endorsed on the Information that this breach of the Rules was admitted. Mr Hurrell had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mrs Tibbs.

Mrs Tibbs gave evidence and used video coverage to show that near the 1200m PRESSED FOR TIME, driven by Mr Hurrell, was racing midfield with KATCHALIGHT, driven by Mr J Cox, in the trailing position. Mrs Tibbs said that approaching the 1100mm, Mr Cox shifted from the trail of Mr Hurrell to improve past that horse and was established on Mr Hurrell’s wheel. Mr Hurrell, at this point, also shifted out from the trail of the horse immediately ahead and forced Mr Cox wider on the track prior to the 1000m which was clearly in breach of the push out rule.


As Mr Hurrell admitted the breach the charge was found proved.

Submission For Penalty:

Mrs Tibbs informed the Committee that Mr Hurrell had driven on 181 occasions to date this season, with total career drives of 519. She stated that Mr Hurrell had readily admitted the breach and has a clear record regarding this rule. Mrs Tibbs stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mrs Tibbs submitted that with Mr Hurrell’s good record and his admission of the breach, that fine of $200 be considered as penalty in this case.

Reasons For Penalty:

In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr Hurrell’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case therefore no uplift warranted. After adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr Hurrell a combined discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.


Accordingly, Mr Hurrell was fined the sum of $200.

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