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Hororata TC 14 February 2021 - R 7 - Chair, Mr D Anderson

Created on 15 February 2021

Committee:
DAnderson (chair)
Name(s):
Mr M Hurrell - Junior Driver
Mr M Williamson - Open Driver
Mrs C Tibbs - Stipendiary Steward
Informant
Mr S Renault - Stipendiary Steward
Information Number
A13236
Plea:
Admitted
Charge:
Breach of Pushout Rule
Evidence:

Following the running of Race 7 an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869 (4)(6)(b)(c) by Junior Driver Mr M Hurrell. The Information stated that “M Hurrell pushed out ARIZONAWILDCAT to race wider on the track racing around the first bend.”

Mr Hurrell had signed the Information admitting the breach and stated at the hearing he was conversant with the Rule.

Mr Hurrell was assisted at the hearing by Open Horseman Mr M Williamson.

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 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 Renault used the race video to identify Mr Hurrell (SKIDADDLE) racing three back on the markers, at approximately the 2000m. He identified Ms Barron (ARIZSONAWILDCAT) improve to be positioned just past Mr Hurrell’s wheel. He then pointed to Mr Hurrell ease Ms Barron out 3 wide when not entitled to and therefore in breach of the Pushout Rule.

Mr Renault said of the breach the consequences were low as Ms Barron was able to ease quickly and drop back behind Mr Hurrell.

Mr Williamson stated it appeared that Ms Barron was baiting Mr Hurrell to leave the markers prior to improving to his outside. He said Ms Barron was only slightly inconvenienced.

Mr Hurrell made no submissions.

Decision:

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

Submission For Penalty:

Mr Renault said Mr Hurrell has a previous breach under this Rule on 1st October 2020. He said Mr Hurrell was a busy and successful Junior Driver and had 179 drives since his last breach of the Rule.

Mr Renault said he would leave it to the Committee to determined Penalty but reiterated it was Mr Hurrell’s second breach within six months.

Mr Hurrell and Mr Williamson made no submissions on penalty.

Reasons For Penalty:

The JCA Penalty Guide starting point for a breach of this Rule is a 5-drive suspension or a $250 fine. The Committee considered a fine appropriate in this case.

The Aggravating factor is this is a second breach of the Rule within six months.

The Mitigating factors are Mr Hurrell’s admission and his status as a Junior Driver.

The Committee in considering the above factors determined that a fine of $250 was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Hurrell was fined the sum of $250.

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