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NZ Metro TC 31 January 2020 - R 3 - Chair, Mr S Ching

Created on 03 February 2020

Rules:
869(3)(b)
Committee:
SChing (chair)
HWeston
Name(s):
Mr M Hurrell - Junior Horseman
Mr J Cox - Open Horseman
Mr P Williams - Stipendiary Steward
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A12361
Plea:
Admitted
Charge:
Careless driving
Evidence:

Following the running of Race 3, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Junior Horseman Mr M Hurrell, alleging a breach of Rule 869(3) (b) in that when driving ELO LOUISE, he drove carelessly near the 600m when shifting ground outwards checking GLENTHORNE which broke hampering trailing runners.

Mr Hurrell had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Hurrell also confirmed that he understood the rule he was being charged with. Mr Hurrell was assisted at the hearing by Open Horseman, Mr J Cox.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-

(b) carelessly:-

Mr Ydgren, with the assistance of Stipendiary Steward, Mr P Williams, gave evidence and used video coverage to show that approaching the 600m, Mr Hurrell, driving ELO LOUISE, was racing 3 back and 2 wide with GLENTHORNE in the 3 wide line and improving quickly on the outside of the field. Mr Williams pointed out Mr Hurrell who shifted out into the 3-wide line of the improving GLENTHORNE, when not clear, causing that horse to check and break. He stated that trailing runners on the 3 wide line were hampered in this incident.

Mr Hurrell and Mr Cox elected to make no submissions in regard to the incident.

Decision:

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

Submission For Penalty:

Mr Ydgren stated that the JCA penalty Guide provides a 10-drive suspension or a $500 fine as a starting point for a breach of this rule. He said that Mr Hurrell’s record over the previous 12 months showed a breach of this rule on 6 January 2020 at Wyndham, where he received a 3-day suspension, which was 18 drives prior to today. Mr Ydgren added that Mr Hurrell was a busy junior driver who had statistics of 905 lifetime drives and 187 so far this season. He stated that the level of carelessness was mid-range as was the consequences to the affected horses. He submitted that an uplift of 1 day on the previous 3-day suspension be considered as penalty.

Mr Hurrell stated that he did not seek a deferment of penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a $500 fine or a 10-drive suspension starting point for a breach of this rule. The aggravating factors were Mr Hurrell’s record which showed a 3-day suspension only 18 drives prior as well as the consequences which we agree were at least mid-level. The mitigating factor was Mr Hurrell’s frank admission of the breach. Taking all factors into consideration, we determined that a 4-day suspension was an appropriate penalty in this case.

Penalty:

Mr Hurrell is suspended from the conclusion of racing 2 February up to and including 11 February 2020. Relevant meetings encompassed in this period of suspension were Amberley-6 February, Gore-8 February, Methven-9 February and Manawatu 11 February 2020. Of note the meetings at Geraldine on 1 February and Kapiti Coast on 2 February were not included in the period of suspension as fields and drivers were already drawn for both those meetings.

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