NZ Metro TC 16 December 2016 – R 8 – Chair, Mr R McKenzie
ID: JCA11796
Meet Title:
NZ Metro TC - 16 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/12/16
Race Number:
R8
Decision:
Mr Hurrell having admitted the breach, the charge was found proved.
Penalty:
Mr Hurrell’s Junior Driver’s licence is suspended from after the close of racing on 17 December 2016 up to and including 23 December 2016 – 2 days. The meetings intended to be encompassed in the period of suspension are Forbury Park on 21 December and Addington on 23 December 2016.
Facts:
Following the running of Race 8, Hill Lee & Scott (Junior Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr M D J Hurrell, alleging that, as the driver of DANA DUKE in the race, he “used his whip in an excessive manner in the final 400 metres”.
Mr Hurrell was present at the hearing of the information form and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr C J DeFilippi.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault, showed a video replay of the final 400 metres of the race. He pointed out Mr Hurrell, driving DANA DUKE, racing three places back on the markers. Mr Renault alleged that Mr Hurrell used his whip on 11 occasions, all free of the rein, in the home straight. Mr Renault said that, early in the run home, Mr Hurrell had his hands on the rein and struck the horse a couple of times. Those did not count, Mr Renault added. Thereafter, he commenced using his whip and did so on eleven occasions to the finishing line. Mr Hurrell accepted the allegation that he had used the whip on that number of occasions.
Mr DeFilippi submitted that a driver has a lot to think about, especially in the run home and when he thinks he is going to run in the money. A driver will forget to count, he submitted, and, after the race, does not know how many times he has used the whip. Mr Hurrell was only one over the allowable number and one of the strikes was a “tap”, Mr DeFilippi submitted. He further submitted that Mr Hurrell ceased use of the whip immediately he realised the horse was not going to “run in the money”. Mr Renault submitted that there were probably 3 to 4 further strikes after Mr Hurrell realised that.
Mr DeFilippi said that, while drivers were aware of the rules, they were still learning. He urged the Committee to show some leniency to Mr Hurrell.
Submissions for Penalty:
Mr Renault referred to the Penalty Guide starting point of a $500 fine or a 2 days’ suspension.
Mr Renault told the Committee that Mr Hurrell is in his first season of driving and has had a total of 28 drives. He has a clear record under the Rule. Mr Renault submitted that, having regard to Mr Hurrell’s admission of the breach and that record, an appropriate penalty in this case would be a fine of $300. If Mr Hurrell preferred a suspension, then Stewards would be seeking a 2 days’ suspension, Mr Renault said. Mr Hurrell confirmed that he would prefer the Committee to consider a suspension.
Mr Renault informed the Committee that Mr Hurrell has five drives at the meeting of Winton Harness on 17 December. He believed that the suspension recommended would be a meaningful penalty. Mr Renault said that Mr Hurrell usually has 2-3 drives per meeting. Mr Hurrell confirmed that he would be driving at both Forbury Park and Addington.
Reasons for Penalty:
In determining penalty, the Committee took the appropriate starting point of a 2 days’ suspension as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-range. Mitigating factors were Mr Hurrell’s admission of the breach and his good driving record, albeit in a brief career to date. The Committee also had regard to Mr Hurrell’s Junior Driver status. On the basis of Mr Renault’s submission, it was likely that a 2 days’ suspension would involve, for Mr Hurrell, 4 to 6 drives.
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: 2c7995ce1f3ecd1a0a7a038b3d636273
informantnumber: A8375
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/12/2016
hearing_title: NZ Metro TC 16 December 2016 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Hill Lee & Scott (Junior Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr M D J Hurrell, alleging that, as the driver of DANA DUKE in the race, he “used his whip in an excessive manner in the final 400 metres”.
Mr Hurrell was present at the hearing of the information form and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr C J DeFilippi.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault, showed a video replay of the final 400 metres of the race. He pointed out Mr Hurrell, driving DANA DUKE, racing three places back on the markers. Mr Renault alleged that Mr Hurrell used his whip on 11 occasions, all free of the rein, in the home straight. Mr Renault said that, early in the run home, Mr Hurrell had his hands on the rein and struck the horse a couple of times. Those did not count, Mr Renault added. Thereafter, he commenced using his whip and did so on eleven occasions to the finishing line. Mr Hurrell accepted the allegation that he had used the whip on that number of occasions.
Mr DeFilippi submitted that a driver has a lot to think about, especially in the run home and when he thinks he is going to run in the money. A driver will forget to count, he submitted, and, after the race, does not know how many times he has used the whip. Mr Hurrell was only one over the allowable number and one of the strikes was a “tap”, Mr DeFilippi submitted. He further submitted that Mr Hurrell ceased use of the whip immediately he realised the horse was not going to “run in the money”. Mr Renault submitted that there were probably 3 to 4 further strikes after Mr Hurrell realised that.
Mr DeFilippi said that, while drivers were aware of the rules, they were still learning. He urged the Committee to show some leniency to Mr Hurrell.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault referred to the Penalty Guide starting point of a $500 fine or a 2 days’ suspension.
Mr Renault told the Committee that Mr Hurrell is in his first season of driving and has had a total of 28 drives. He has a clear record under the Rule. Mr Renault submitted that, having regard to Mr Hurrell’s admission of the breach and that record, an appropriate penalty in this case would be a fine of $300. If Mr Hurrell preferred a suspension, then Stewards would be seeking a 2 days’ suspension, Mr Renault said. Mr Hurrell confirmed that he would prefer the Committee to consider a suspension.
Mr Renault informed the Committee that Mr Hurrell has five drives at the meeting of Winton Harness on 17 December. He believed that the suspension recommended would be a meaningful penalty. Mr Renault said that Mr Hurrell usually has 2-3 drives per meeting. Mr Hurrell confirmed that he would be driving at both Forbury Park and Addington.
reasonsforpenalty:
In determining penalty, the Committee took the appropriate starting point of a 2 days’ suspension as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-range. Mitigating factors were Mr Hurrell’s admission of the breach and his good driving record, albeit in a brief career to date. The Committee also had regard to Mr Hurrell’s Junior Driver status. On the basis of Mr Renault’s submission, it was likely that a 2 days’ suspension would involve, for Mr Hurrell, 4 to 6 drives.
penalty:
Mr Hurrell’s Junior Driver’s licence is suspended from after the close of racing on 17 December 2016 up to and including 23 December 2016 – 2 days. The meetings intended to be encompassed in the period of suspension are Forbury Park on 21 December and Addington on 23 December 2016.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: M D J Hurrell, Licensed Junior Driver
Otherperson: C J DeFilippi, Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: f7d48cec54569d9e4f658e4d1aec8d9c
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
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meetid: 44c89cf5e3f068b3d66bca0a3e21045e
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meet_emailed1: 0
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meetdate: 16/12/2016
meet_title: NZ Metro TC - 16 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC