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06 Sep 2019
Nz-Metro-Tc - R3

NZ Metro TC 6 September 2019 - R 3 - Chair, Mr R McKenzie

Created on 10 September 2019

Committee:
RMcKenzie (chair)
HWeston
Name(s):
M D J Hurrell
Licensed Junior Driver
Informant
N M Ydgren
Chief Stipendiary Steward
Information Number
A10766
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 3, McVicars ITM (Junior Drivers) Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr M D J Hurrell, alleging that Mr Hurrell, as the driver of LETS HUSTLE in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations inside the final 400 metres”.

Mr Hurrell had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Hurrell was present at the hearing of the information and he confirmed that he admitted the breach. When asked, he said that he had waived the right to be assisted by a senior horseman.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Hurrell, driving LETS HUSTLE, which had improved rapidly 3-wide to take the lead on straightening for the run home. Stewards were alleging that Mr Hurrell had used his whip in a striking motion thirteen times from the 400 metres to the finishing line, Mr Ydgren said.

Mr Hurrell confirmed that he accepted the number of strikes as alleged by the Stewards. He did not wish to say anything in relation to the incident.

The Committee noted that LETS HUSTLE went on to win the race.

Decision:

Mr Hurrell has admitted the charge and it is found proved accordingly.  

Submission For Penalty:

Mr Hurrell is a busy Junior Driver, Mr Ydgren said. He has had 25 drives to date in the current season and in the 2108/2019 season just concluded he had 380 drives.

This was Mr Hurrell’s first breach of the rule and Stewards were seeking a fine of $200 as per the penalty guide set out in the Regulations, Mr Ydgren said.

Reasons For Penalty:

To Mr Hurrell’s credit, the Committee noted that he did interrupt the use of his whip with pauses and alternative actions. The Committee agreed with the alleged count of thirteen.

The penalty is prescribed in the Regulations, for a first breach in the range of 11-13 strikes, as a fine of $200. In this case, there are no aggravating or mitigating factors requiring an uplift or a discount. The Regulations call for a fine of $200 for this breach.

Penalty:

Mr Hurrell is fined the sum of $200. It was pointed out to Mr Hurrell that, for a second breach of the Rule within six months, the starting point for penalty is a 3-5 days suspension.

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