Archive Decision

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Ashburton TC 16 November 2017 – R 9 – Chair, Mr D Anderson

ID: JCA12462

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr M Hurrell - Junior Driver

Information Number:
A9869

Hearing Type:
Hearing

New Charge:
Interference

Rules:
869(4)(6)(b)(c) - push out rule

Plea:
admitted

Meet Title:
Ashburton TC - 16 November 2017

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/16

Race Number:
R 9

Decision:

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

Penalty:

Accordingly, Mr Hurrell was fined the sum of $200.

Facts:

Following the running of Race 9 the “MCINTOSH CATERING Junior Drivers Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver Mr M Hurrell. The Information stated that Mr Hurrell “shifted ground outwards near the 1150 metres forcing NERVE OF STEEL wider on the track.”

Mr Hurrell had signed the information stating he admitted the breach.

Mr Renault said when asked if he would like assistance from a senior horseman, Mr Hurrell had declined stating that the case was clear cut and he didn’t wish to be present at the hearing.

Rule 869(4)(6)(b)(c) 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.

(6) “Subject to sub-rule (4) hereof: -

(b) A horse making a forward movement during any race shall not be forced to race wider on the track;

(c) A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”

Mr Renault used the race video to identify Mr Hurrell (MAJOR FOUR) racing 3rd last in the running. At approximately 1200 metres the horse Mr Hurrell was following, CHRISTIAN WHO, moved out three wide to improve and Mr Hurrell followed it out forcing NERVE OF STEEL, who had commenced a run outside MAJOR FOUR, wider on the track. NERVE OF STEEL was checked and then restrained behind MAJOR FOUR.

Submissions for Penalty:

Mr Renault said Mr Hurrell has had 38 drives this season and 124 last season and has a clear record under this rule. He said the Stewards would be seeking a fine of $200, considering that Mr Hurrell is a Junior Driver, has admitted the breach and his good record.

Reasons for Penalty:

The Committee has taken the JCA Penalty Guide starting point for a breach of this rule which is $250. There are no aggravating factors to consider.

The Mitigating factors are Mr Hurrell’s good record and his admittance of the breach for which we afford him a $50 discount.

We therefore determined that a fine of $200 was an appropriate penalty in this case.

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: 5f42357d05558f361ba0539fbf1d84fb


informantnumber: A9869


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Interference


plea: admitted


penaltyrequired: 1


decisiondate: 19/11/2017


hearing_title: Ashburton TC 16 November 2017 - R 9 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 9 the “MCINTOSH CATERING Junior Drivers Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(4)(6)(b)(c) by Junior Driver Mr M Hurrell. The Information stated that Mr Hurrell “shifted ground outwards near the 1150 metres forcing NERVE OF STEEL wider on the track.”

Mr Hurrell had signed the information stating he admitted the breach.

Mr Renault said when asked if he would like assistance from a senior horseman, Mr Hurrell had declined stating that the case was clear cut and he didn’t wish to be present at the hearing.

Rule 869(4)(6)(b)(c) 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.

(6) “Subject to sub-rule (4) hereof: -

(b) A horse making a forward movement during any race shall not be forced to race wider on the track;

(c) A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”

Mr Renault used the race video to identify Mr Hurrell (MAJOR FOUR) racing 3rd last in the running. At approximately 1200 metres the horse Mr Hurrell was following, CHRISTIAN WHO, moved out three wide to improve and Mr Hurrell followed it out forcing NERVE OF STEEL, who had commenced a run outside MAJOR FOUR, wider on the track. NERVE OF STEEL was checked and then restrained behind MAJOR FOUR.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault said Mr Hurrell has had 38 drives this season and 124 last season and has a clear record under this rule. He said the Stewards would be seeking a fine of $200, considering that Mr Hurrell is a Junior Driver, has admitted the breach and his good record.


reasonsforpenalty:

The Committee has taken the JCA Penalty Guide starting point for a breach of this rule which is $250. There are no aggravating factors to consider.

The Mitigating factors are Mr Hurrell’s good record and his admittance of the breach for which we afford him a $50 discount.

We therefore determined that a fine of $200 was an appropriate penalty in this case.


penalty:

Accordingly, Mr Hurrell was fined the sum of $200.


hearing_type: Hearing


Rules: 869(4)(6)(b)(c) - push out rule


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr M Hurrell - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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race_title: R 9


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meetdate: 16/11/2017


meet_title: Ashburton TC - 16 November 2017


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meet_racingtype: harness-racing


meet_chair: DAnderson


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name: Ashburton TC