Archive Decision

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Winton HRC 24 September 2020 – R 1 – Chair, Mr ND Skelt

ID: JCA11580

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr M Hurrell - Junior Driver

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A12738

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Winton HRC - 24 September 2020

Meet Chair:
NSkelt

Race Date:
2020/09/24

Race Number:
R 1

Decision:

Mr Hurrell has admitted the breach. It is found to be proved.

Penalty:

Mr Hurrell is suspended from the end of racing on Thursday 1 October 2020 up to and including Thursday 8 October, this is 3 days.

Meetings encompassed in the suspension: -
NZMTC 3 October 2020
Timaru 4 October 2020
NZMTC 8 October 2020.

Facts:

Following the running of Race 1, the Regent Car Court mobile pace, an Information was filed by Stipendiary Steward, Mr V Munro, alleging that SAGE TROUBLE driven by Junior Driver, M Hurrell has shifted ground inwards racing into the first bend, making contact with MISS BAMBOOCHA (R. McIlwrick) causing that horse to break.

Mr Munro (Stipendiary Steward) assisted by Miss R Hayley demonstrated the alleged breaking on video, which clearly highlighted the incident.

Mr Hurrell acknowledged he understood the Rule and did not require a Senior Driver present at the hearing.

Submissions for Penalty:

Mr Munro produced Mr Hurrell’s record.

Mr Hurrell has had 1083 lifetime drives, 320 last season and 45 this season.

Mr Munro stated the Mr Hurrell was a busy, successful Junior Driver who was based in Waikouaiti but travelling to Canterbury and Southland on a regular basis.

Mr Munro believed the degree of carelessness was mid-range and sought a two to three-day suspension.

Mr Hurrell requested a deferment of penalty within the 7-day guidelines to enable him to drive at the Forbury Park meeting on Thursday 1st October. Mr Hurrell admitted that he had simply made an error of judgement.

Reasons for Penalty:

Mr Hurrell has shifted ground inwards racing into the first bend, and in doing so has made contact with MISS BAMBOOCHA, which broke and effectively lost all chance in the race.

Mr Hurrell’s horse SAGE TROUBLE went on and won the race, no other driver or horse contributed to the incident.

The starting point in the Penalty Guide is a 10 day suspension. Mr Hurrell’s record is very good with the last breach of this Rule being in January 2020.

Mr Hurrell has been averaging 3.8 drives per meeting over the last 10 meetings. Taking into account the gravity of the breach, where a horse’s chances where totally extinguished and also the admission of the breach, and driving record, a suspension of 3 days is appropriate.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 1dcf67e9ff04eabfa6eb965a04e3b8d9


informantnumber: A12738


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/09/2020


hearing_title: Winton HRC 24 September 2020 - R 1 - Chair, Mr ND Skelt


charge:


facts:

Following the running of Race 1, the Regent Car Court mobile pace, an Information was filed by Stipendiary Steward, Mr V Munro, alleging that SAGE TROUBLE driven by Junior Driver, M Hurrell has shifted ground inwards racing into the first bend, making contact with MISS BAMBOOCHA (R. McIlwrick) causing that horse to break.

Mr Munro (Stipendiary Steward) assisted by Miss R Hayley demonstrated the alleged breaking on video, which clearly highlighted the incident.

Mr Hurrell acknowledged he understood the Rule and did not require a Senior Driver present at the hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Hurrell has admitted the breach. It is found to be proved.


sumissionsforpenalty:

Mr Munro produced Mr Hurrell’s record.

Mr Hurrell has had 1083 lifetime drives, 320 last season and 45 this season.

Mr Munro stated the Mr Hurrell was a busy, successful Junior Driver who was based in Waikouaiti but travelling to Canterbury and Southland on a regular basis.

Mr Munro believed the degree of carelessness was mid-range and sought a two to three-day suspension.

Mr Hurrell requested a deferment of penalty within the 7-day guidelines to enable him to drive at the Forbury Park meeting on Thursday 1st October. Mr Hurrell admitted that he had simply made an error of judgement.


reasonsforpenalty:

Mr Hurrell has shifted ground inwards racing into the first bend, and in doing so has made contact with MISS BAMBOOCHA, which broke and effectively lost all chance in the race.

Mr Hurrell’s horse SAGE TROUBLE went on and won the race, no other driver or horse contributed to the incident.

The starting point in the Penalty Guide is a 10 day suspension. Mr Hurrell’s record is very good with the last breach of this Rule being in January 2020.

Mr Hurrell has been averaging 3.8 drives per meeting over the last 10 meetings. Taking into account the gravity of the breach, where a horse’s chances where totally extinguished and also the admission of the breach, and driving record, a suspension of 3 days is appropriate.


penalty:

Mr Hurrell is suspended from the end of racing on Thursday 1 October 2020 up to and including Thursday 8 October, this is 3 days.

Meetings encompassed in the suspension: -
NZMTC 3 October 2020
Timaru 4 October 2020
NZMTC 8 October 2020.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr M Hurrell - Junior Driver


Otherperson: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2d79bd597e44bfed901f098c8bd24754


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


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meetid: 443876f80beef0b0aea1215b68b6f3d3


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


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meetdate: 24/09/2020


meet_title: Winton HRC - 24 September 2020


meet_expappcomment:


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tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Winton HRC