Wyndham HRC 12 November 2017 – R 7 – Chair, Mr V Munro
ID: JCA12607
Meet Title:
Wyndham HRC - 12 November 2017
Meet Chair:
VMUnro
Meet Committee Member 1:
GHall
Race Date:
2017/11/12
Race Number:
R 7
Decision:
Mr Hurrell having admitted the charge, the charge is proved.
Penalty:
We suspend Mr Hurrell’s licence for 3 days. A 7 day deferment was granted at the request of Mr Hurrell.
Mr Hurrell’s licence is suspended at the conclusion of racing on the 19th November 2017 and up to and including the 26th of November 2017.
The three meetings where the suspensions applies are:
24th November – Invercargill
25th November – Geraldine
26th November – Banks Peninsula
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Hurrell (GOT A BEAUTY) used his whip in an excessive manner inside the final 400 metres of the Phillips Horse Transport Ltd Pace.
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 Hurrell had signed the Statement by the Respondent on the Information indicating that he admitted the breach. He also wished to be present at the hearing.
Mr Tidmarsh, showed a video replay of the last part of the race. He identified Mr Hurrell (GOT A BEAUTY) positioned in the one out one back at the 400 metres. He alleged that Mr Hurrell has used his whip a total of 24 times in the last 400 metres, 21 of the hits were with the hand on the rein whilst 3 of the hits were free of the rein after he had crossed his hands. He stated there were no distinct pauses with his urgings and in the last 150 metres the hits were quite rapid.
Mr Hurrell stated that his horse GOT A BEAUTY was a non trier and you have to keep urging otherwise he pulls up or goes rough. He further stated that he had over done the whip and agreed with Mr Tidmarsh’s count.
Mr Suddaby stated that Mr Hurrell was well over the 10 strike limit, but in his favour, there was no force in any of the strikes and it looked as he was flicking at the horse.
Submissions for Penalty:
Mr Tidmarsh produced Mr Hurrell’s record, which showed two previous breaches of this rule in the past 12 months. In December 2016, he was suspended for 2 days, this however is outside the six months, and in August this year where Mr Hurrell received a $400 fine.
This is the respondent’s second season of driving and to date he has had 36 drives this season, with 124 last season. Mr Tidmarsh described him as an up and coming Junior Driver.
Mr Tidmarsh further stated that the hits were not forceful, but the level of strikes which were racked up in a short period were a concern.
The starting point being a 3 to 5 day suspension for a second breach within a 6 month period, with Mr Hurrell’s admission and a neutral record, his view was a 3 or 4 day suspension would be appropriate.
Mr Hurrell stated that a 3 day suspension would be fair. He never bashed the horse as was just flicking at it. The strikes weren’t forceful nor would they have hurt. He also sought a 7 day deferment.
Mr Suddaby stated that Mr Hurrell had admitted his mistake and being a Junior Driver is hard going financially. He further stated “anything above 3 days would be harsh, as he is chasing points for the Junior Championship, and when Junior drivers lose drives they find it hard to get back on”.
Reasons for Penalty:
The starting point is a suspension of 3-5 days as in the JCA Penalty Guide for a second breach within a 6 month period. The aggravating factor is the number of strikes being 24, although 21 are with the hand on the rein. The number is far too high.
We adopt a starting point of 4 days. The mitigating factors are the admission of the breach and Mr Hurrell being a Junior Driver. We therefore give a credit of one day.
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: 3e4f212c30a8ba2839e9938af1791aa8
informantnumber: A9766
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/11/2017
hearing_title: Wyndham HRC 12 November 2017 - R 7 - Chair, Mr V Munro
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Hurrell (GOT A BEAUTY) used his whip in an excessive manner inside the final 400 metres of the Phillips Horse Transport Ltd Pace.
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 Hurrell had signed the Statement by the Respondent on the Information indicating that he admitted the breach. He also wished to be present at the hearing.
Mr Tidmarsh, showed a video replay of the last part of the race. He identified Mr Hurrell (GOT A BEAUTY) positioned in the one out one back at the 400 metres. He alleged that Mr Hurrell has used his whip a total of 24 times in the last 400 metres, 21 of the hits were with the hand on the rein whilst 3 of the hits were free of the rein after he had crossed his hands. He stated there were no distinct pauses with his urgings and in the last 150 metres the hits were quite rapid.
Mr Hurrell stated that his horse GOT A BEAUTY was a non trier and you have to keep urging otherwise he pulls up or goes rough. He further stated that he had over done the whip and agreed with Mr Tidmarsh’s count.
Mr Suddaby stated that Mr Hurrell was well over the 10 strike limit, but in his favour, there was no force in any of the strikes and it looked as he was flicking at the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell having admitted the charge, the charge is proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Hurrell’s record, which showed two previous breaches of this rule in the past 12 months. In December 2016, he was suspended for 2 days, this however is outside the six months, and in August this year where Mr Hurrell received a $400 fine.
This is the respondent’s second season of driving and to date he has had 36 drives this season, with 124 last season. Mr Tidmarsh described him as an up and coming Junior Driver.
Mr Tidmarsh further stated that the hits were not forceful, but the level of strikes which were racked up in a short period were a concern.
The starting point being a 3 to 5 day suspension for a second breach within a 6 month period, with Mr Hurrell’s admission and a neutral record, his view was a 3 or 4 day suspension would be appropriate.
Mr Hurrell stated that a 3 day suspension would be fair. He never bashed the horse as was just flicking at it. The strikes weren’t forceful nor would they have hurt. He also sought a 7 day deferment.
Mr Suddaby stated that Mr Hurrell had admitted his mistake and being a Junior Driver is hard going financially. He further stated “anything above 3 days would be harsh, as he is chasing points for the Junior Championship, and when Junior drivers lose drives they find it hard to get back on”.
reasonsforpenalty:
The starting point is a suspension of 3-5 days as in the JCA Penalty Guide for a second breach within a 6 month period. The aggravating factor is the number of strikes being 24, although 21 are with the hand on the rein. The number is far too high.
We adopt a starting point of 4 days. The mitigating factors are the admission of the breach and Mr Hurrell being a Junior Driver. We therefore give a credit of one day.
penalty:
We suspend Mr Hurrell’s licence for 3 days. A 7 day deferment was granted at the request of Mr Hurrell.
Mr Hurrell’s licence is suspended at the conclusion of racing on the 19th November 2017 and up to and including the 26th of November 2017.
The three meetings where the suspensions applies are:
24th November – Invercargill
25th November – Geraldine
26th November – Banks Peninsula
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr M Hurrell - Junior Horseman
Otherperson: Mr A Suddaby - Open Horseman assisting Mr Hurrell
PersonPresent:
Respondent:
StipendSteward:
raceid: 99bd0483fa278c5dc4fb49289fa8bdb5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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meetid: 79617724e72b5ca86172ca4408ac853a
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/11/2017
meet_title: Wyndham HRC - 12 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: VMUnro
meet_pm1: GHall
meet_pm2: none
name: Wyndham HRC