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Northern Southern TC 13 January 2021 - R 1 - Chair, Mr N Skelt

Created on 14 January 2021

Committee:
NSkelt (chair)
Name(s):
Mr M Hurrell - Junior Driver
Miss R Haley - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10657
Plea:
Admitted
Charge:
Failed to maintain a straight course in the run home resulting in interference
Evidence:

Following the running of Race 1 Advance Agricultural Trot, an Information A10657 was filed by Stipendiary Steward Mr V Munro against Junior Driver Mr M Hurrell alleging a breach of rule 869 (4) in that when driving Tease with my Tartan he failed to maintain a straight course in the run home resulting in interference to Dem Bones Dem Bones (M Williamson).

Rule 869 (4) 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.

Relevant Home Straight Regulation

7. Except where the driver is making a move pursuant to Rule 869 (7) and subject to the preceding provision of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight course as possible to the finish line.

Mr Hurrell had indicated on this Information that a breach of the Rules was admitted which he confirmed at the hearing. He also acknowledged he understood the Rule he was charged with.

It was agreed and acknowledged at the outset or the hearing that the evidence given at the protest hearing Information was accurate and accepted by all parties.

Mr Munro replayed the video clips of the incident.

Decision:

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

Submission For Penalty:

Mr Munro informed the Committee that Mr Hurrell has no breaches under this Rule. An aggravating factor was that his horse Tease My Tartan had been relegated from third placing to fourth placing affecting the owners of the horse stake money and the betting public.

Mr Munro stated that Mr Hurrell was a very busy successful Junior Driver, and that he had admitted the breach at the first opportunity. Mr Munro submitted that a two to three day suspension be considered as penalty in this case.

Mr Munro also submitted Mr Hurrell would normally drive three to four horses per race day and that he had 320 drives last season and 194 drives so far this season.

Mr Hurrell sought a deferment until after racing at Winton Harness on 20th January 2021 as he confirmed he has engagements driving his employer's (Miss Hoffman) horses.

Mr Hurrell also requested the Committee consider a one day suspension and a fine.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a $300 fine or a six drive suspension for a mid range breach of this rule.

The Committee assesses the breach to be mid range however the consequences of the horse being relegated are significant both to the owners and the betting public.

We determine a starting point being a three day suspension with a reduction of one day for Mr Hurrell’s outstanding driving record and admittance of the breach.

Penalty:

Mr Hurrell’s application for a deferment until after racing at Winton on 20th January is granted.

Accordingly Mr Hurrell is suspended from the conclusion of racing 20th January 2021 up to and including 24th January 2021 (two days).

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